NORTH CAROLINA
REGISTER
VOLUME 10 • ISSUE 8 • Pages 639 - 715
July 14, 1995
IN THIS ISSUE
Executive Order
Environment, Health, and Natural Resources
Human Resources
Physical Therapy Examiners, Board of
RRC Objections
Contested Case Decisions
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611- 7447
Telephone (919) 733-2678
Fax (919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
ludicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings tiled under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.
The North Carolina Register is available by yearly subscription
at a cost of one hundred and twenty dollars ($120.00) for 24
issues Individual issues may be purchased for ten dollars
($10.00).
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings, PO Drawer
27447, Raleigh, NC 27611-7447.
ADOPTION, AMENDMENT. AND REPEAL OF RULES
The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
I50B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may
request a hearing); a statement of procedure for public comments;
the text of the proposed rule or the statement of subject matter; the
reason for the proposed action; a reference to the statutory
authority for the action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule that
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.
When final action is taken, the promulgating agency must file the
rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearings (OAH).
A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative
Code (NCAC).
Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before fifing with OAH for publication in the NCAC.
TEMPORARY RULES
Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions
in G.S. 150B-21.1. If the Codifier determines that the findings
meet the criteria in G.S. 150B-21.1, the rule is entered into the
NCAC. If the Codifier determines that the findings do not meet
the criteria, the rule is returned to the agency. The agency may
supplement its findings and resubmit the temporary rule for an
additional review or the agency may respond that it will remain
with its initial position. The Codifier, thereafter, will enter the
rule into the NCAC. A temporary rule becomes effective either
when the Codifier of Rules enters the rule in the Code or on the
sixth business day after the agency resubmits the rule without
change. The temporary rule is in effect for the period specified in
the rule or 180 days, whichever is less. An agency adopting a
temporary rule must begin rule-making procedures on the
permanent rule at the same time the temporary rule is filed with
the Codifier.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and 40 occupational licensing boards. Compilation and
publication of the NCAC is mandated by G.S. 150B-21.18.
The Code is divided into Tides and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Tide 21 is designated for occupational licensing boards.
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents ($2.50) for 10 pages or less,
plus fifteen cents ($0.15) per each additional page.
Requests for pages of rules or volumes of the NCAC
should be directed to the Office of Administrative
Hearings.
(2) The full publication and supplement service is printed
and distributed by Barclays Law Publishers. It is
available in hardcopy, CD-ROM and diskette format.
For subscription information, call 1-800-888-3600.
CITATION TO THE NORTH CAROLINA REGISTER
The North Carolina Register is cited by volume, issue, page
number and date. 10:01 NCR 1-67, April 3, 1995 refers to
Volume 10, Issue 1, pages 1 through 67 of the North Carolina
Register issued on April 3, 1995.
FOR INFORMATION CONTACT: Office of Administrative Hearings, ATTN: Rules Division, PO Drawer 27447, Raleigh,
NC 27611-7447, (919) 733-2678, FAX (919) 733-3462.
NORTH CAROLINA
IN THIS ISSUE
I. EXECUTIVE ORDER
Executive Order 81
Volume 1 O, Issue 8
■ 715
July 14, 1995
This issue contains documents officially
filed through June 29, 1995.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh. NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
639-640
II. PROPOSED RULES
Environment, Health, and Natural Resources
Environmental Management Commission 661-671
Human Resources
Facility Services 641 - 656
Medical Assistance 660 - 661
Mental Health, Developmental Disabilities and
Substance Abuse Services 656 - 660
Licensing Board
Physical Therapy Examiners, Board of 671 - 679
IIL RRC OBJECTIONS 680-684
IV. CONTESTED CASE DECISIONS
Index to ALJ Decisions 685 - 695
Text of Selected Decisions
94 EHR 1756 696-699
94 OSP 1 173 700-705
V. CUMULATIVE INDEX 707-715
Julian Mann III, Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Teresa Kilpatrick, Editorial Assistant
Jean Shirley, Editorial Assistant
NORTH CAROLINA REGISTER
Publication Schedule
(November 1994 - September 1995)
Volume
and
Issue
Number
Issue
Date
Last Day
for Fil-
mg
Last Day
for Elec-
tronic
Filing
Earliest
Date for
Public
Hearing
15 days
from
notice
* End of
Required
Comment
Period
30 days
from
notice
Last Day
to Submit
to RRC
** Earliest
Effective
Date
9:15
11/01/94
10/11/94
10/18/94
11/16/94
12/01/94
12/20/94
02/01/95
9:16
11/15/94
10/24/94
10/31/94
11/30/94
12/15/94
12/20/94
02/01/95
9:17
12/01/94
11/07/94
11/15/94
12/16/94
01/03/95
01/20/95
03/01/95
9:18
12/15/94
11/22/94
12/01/94
12/30/94
01/17/95
01/20/95
03/01/95
9:19
01/03/95
12/08/94
12/15/94
01/18/95
02/02/95
02/20/95
04/01/95
9:20
01/17/95
12/21/94
12/30/94
02/01/95
02/16/95
02/20/95
04/01/95
9:21
02/01/95
01/10/95
01/18/95
02/16/95
03/03/95
03/20/95
05/01/95
9:22
02/15/95
01/25/95
02/01/95
03/02/95
03/17/95
03/20/95
05/01/95
9:23
03/01/95
02/08/95
02/15/95
03/16/95
03/31/95
04/20/95
06/01/95
9:24
03/15/95
02/22/95
03/01/95
03/30/95
04/17/95
04/20/95
06/01/95
10:1
04/03/95
03/13/95
03/20/95
04/18/95
05/03/95
05/22/95
07/01/95
10:2
04/17/95
03/24/95
03/31/95
05/02/95
05/17/95
05/22/95
07/01/95
10:3
05/01/95
04/07/95
04/17/95
05/16/95
05/31/95
06/20/95
08/01/95
10:4
05/15/95
04/24/95
05/01/95
05/30/95
06/14/95
06/20/95
08/01/95
10:5
06/01/95
05/10/95
05/17/95
06/16/95
07/03/95
07/20/95
09/01/95
10:6
06/15/95
05/24/95
06/01/95
06/30/95
07/17/95
07/20/95
09/01/95
10:7
07/03/95
06/12/95
06/19/95
07/18/95
08/02/95
08/21/95
10/01/95
10:8
07/14/95
06/22/95
06/29/95
07/31/95
08/14/95
08/21/95
10/01/95
10:9
08/01/95
07/11/95
07/18/95
08/16/95
08/31/95
09/20/95
11/01/95
10:10
08/15/95
07/25/95
08/01/95
08/30/95
09/14/95
09/20/95
11/01/95
10:11
09/01/95
08/11/95
08/18/95
09/18/95
10/02/95
10/20/95
12/01/95
10:12
09/15/95
08/24/95
08/31/95
10/02/95
10/16/95
10/20/95
12/01/95
This table is published as a public service, and the computation of tune periods are not to be deemed binding
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6.
* An agency must accept comments for at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures.
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and
that RRC delivers the rule to the Codifer of Rules five (5) business days before the 1st day of the next calendar
month.
Re\ised 10/94
EXECUTIVE ORDER
EXECUTIVE ORDER NO. 81
CREATION OF THE FAMILY
SUPPORT TRUST FUND
WHEREAS, it is recognized that the State of North
Carolina, for the protection and nurturing of its children,
must foster the development and support of its families: and
WHEREAS, it is the responsibility of the State, local
governments, non-profit organizations, businesses, and
private citizens to work together to promote this develop-
ment and support; and
WHEREAS, the Department of Human Resources is
responsible for encouraging the development of a compre-
hensive statewide system of family resource services to
support family well-being and prevent child abuse and
neglect; and
WHEREAS, the State must have the ability to combine
public and private resources together in one fund and invest
and expend those funds to promote the development of a
statewide system of family resource services;
NOW, THEREFORE, by the authority vested in me as
Governor by the laws and Constitution of the State of North
Carolina, TT IS ORDERED:
Section E Establishment.
The North Carolina Family Support Trust Fund is hereby
established within the Department of Human Resources.
The Trust Fund is established to serve as a pool in which
state, federal, and private funds may be combined, invested,
and disbursed specifically for the purposes of promoting and
developing a broad range of child abuse and neglect preven-
tion activities and family resource programs The assets of
the Trust Fund may be used for purposes that include the
following:
A. Establishing and expanding statewide networks of
community-based family resource programs;
B. Promoting child abuse and neglect prevention
activities;
C. Integrating child and family services funding
streams in order to provide flexible funding for
the development of community-based family
resource programs:
D. Establishing or expanding community-based
collaboration to foster the development of a
continuum of preventive services for children and
families, which are family-centered and culturally
competent;
E. Encouraging public and private partnerships in the
establishment and expansion of family resource
programs; and
F. Increasing and promoting interagency coordination
among state and local agencies in the establish-
ment and expansion of family resource programs.
The Trust Fund shall be administered at the direction of an
interdisciplinary advisory board as specified in this Order.
Section 2^ Interdisciplinary Advisory Board .
The Family Support Trust Fund shall be administered by
the Interdisciplinary Advisory Board, which shall include
representatives from communities and representatives from
existing health, mental health, education, vocational rehabili-
tation, employment and training, child welfare, and other
agencies within the State. The Secretary of the Department
of Human Resources is directed to either:
A. Direct the Advisory Committee on Family Cen-
tered Services, under the leadership of the Chair-
person chosen under the rules governing the
Committee and with the incorporation of addi-
tional representatives from existing vocational
rehabilitation and employment and training agen-
cies, to serve as the Interdisciplinary Advisory
Board for the Family Support Trust Fund; or
B. Establish a new Interdisciplinary Advisory Board,
hereby referred to as the Family Support Trust
Fund Interdisciplinary Advisory Board. The new
Interdisciplinary Advisory Board shall be estab-
lished in accord with the following guidelines.
1 . The Board shall be composed of twelve repre-
sentatives from communities and from existing
health, mental health, education, vocational
rehabilitation, employment and training, child
welfare, state education agency and other agen-
cies within the state and appointed by the Secre-
tary of the North Carolina Department of Hu-
man Resources;
2. The Chairperson of the Board shall be desig-
nated by the Secretary of the North Carolina
Department of Human Resources for a one-year,
renewable term; and
3. Board members shall serve three year staggered
terms.
Section 3_^ Functions of the Interdisciplinary Advisory
Board.
The Interdisciplinary Advisory Board shall meet on an as
needed basis at the call of the Chairperson. The responsibil-
ities of the Interdisciplinary Advisory Board shall include
those listed below:
A. Assess issues critical to the prevention of child
abuse and neglect and the development of a
statewide system of family resource programs.
B. Receive gifts, bequests, and devises for deposit
and investment into the Family Support Trust
Fund;
C. Solicit proposals for programs which shall provide
a board range of child abuse and neglect preven-
tion activities and family resource programs;
D. Establish criteria for the awarding of grants which
shall include and emphasize the public-private
partnership concept;
10:8
NORTH CAROLINA REGISTER
July 14, 1995
639
EXECUTIVE ORDER
E. Fund programs that effectively provide a broad
range of child abuse and neglect prevention activi-
ties and family resource programs; and
F. Present a report to the Governor and the Secretary
of the Department of Human Resources at the end
of each state fiscal year.
Section 4^ Administration.
A. The Department of Human Resources shall pro-
vide staff support as needed to support the activi-
ties of the Family Support Trust Fund and the
Interdisciplinary Advisory Board.
B. Subject to the availability of funds, members of
the Interdisciplinary Advisory Board may be
reimbursed for travel and subsistence expenses as
authorized by state statute. State Employees must
be reimbursed by state appropriated funds.
C. All funds administered by the Interdisciplinary
Advisory Board shall be subject to audit by the
State Auditor.
Section 5^ Implementation and Duration.
A. This order shall be effective immediately.
B The Family Support Trust Fund shall be dissolved
at the pleasure of the Governor. In the event of
dissolution, the assets remaining in the fund will
be turned over to one or more organizations
described in Sections 501(c)(3) and 170(c)(2) of
the Internal Revenue Code of 1954 or correspond-
ing sections of any prior or future law, or to the
federal, state, or local government for expenditure
solely for the purposes stated in this Order and at
the discretion of the Governor of the State of
North Carolina.
Done in Raleigh, this the 27th day of June. 1995.
640
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in accordance with C.S.
150B-21.2 that the North Carolina Medical Care
Commission intends to amend rules cited as 10 NCAC 3D
. 1401; 3M .0202 - .0205 and .0207.
Proposed Effective Date: November 1, 1995.
A Public Hearing will be conducted at 9:30 a.m. on
September 8, 1995 at the UNC-Wilmington, 214 University
Union, 601 S. College Road, Wilmington, NC 28403-3291.
Reason for Proposed Action:
10 NCAC 3D .1401 - To correct an incorrect rule cite.
10 NCAC 3M .0202 - .0205, .0207 - To give local medical
directors the freedom to decide the types and quantities of
medical equipment and supplies to be stored for use on
Mobile Intensive Care Units (MICU's).
Comment Procedures: In order to allow the Commission
sufficient time to review and evaluate your written comments
prior to the hearing, please submit your written comments to
Mr. Jackie Sheppard, APA Coordinator, DFS, P.O. Box
29530, Raleigh, NC 27626-0530, telephone (919) 733-2342
by August 18. 1995, but in no case later than the hearing on
September 8, 1995.
Fiscal Note: These Rules do not affect the expenditures or
revenues of local government or state funds.
CHAPTER 3 - FACILrTY SERVICES
SUBCHAPTER 3D - RULES AND
REGULATIONS GOVERNING
AMBULANCE SERVICE
SECTION .1400 - ADMINISTRATION
. 1 40 1 PERMIT OR CERTIFICATION
DENIAL, SUSPENSION, OR REVOCATION
(a) The Office of Emergency Medical Services may deny,
suspend, or revoke the permit of an ambulance service or of
a specific vehicle for any of the following reasons:
(1) Failure to comply with the requirements of
Section .0900 of this Subchapter;
(2) Obtaining a permit through fraud or misrepre-
sentation; or
(3) Failure to provide emergency medical care to
the defined ambulance service area in a timely
and professional manner.
(b) The Office of Emergency Medical Services may deny,
suspend, or revoke the certification of a field technician for
any of the following reasons:
(1) Failure to comply with the applicable perfor-
mance and certification requirements as found in
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Section .0800 of this Subchapter;
Obtaining or attempting to obtain certification or
recertification through fraud or misrepresenta-
tion;
Aiding a person in obtaining or attempting to
obtain certification or recertification through
fraud or misrepresentation;
Failure to competently perform the skills or
procedures enumerated in Section . 1 4 00 . 1200
of this Subchapter;
Performance of a skill or procedure which is not
within the scope and responsibility of the certifi-
cate holder;
Performance of a skill or procedure that is
detrimental to the health and safety of a patient;
Any felony conviction;
A misdemeanor conviction of the use, posses-
sion, or distribution of illegal drugs within the
past five years; or
Conviction of driving while impaired within the
past five years.
Statutory Authority G.S. 131E-157(a); 131E-159(b).
SUBCHAPTER 3M - MINIMUM STANDARDS
FOR MOBD.E INTENSIVE CARE UNTTS
SECTION .0200 - EQUIPMENT
.0202 MOBILE INTENSIVE CARE UNrT
(MICU) I
(a) In addition to equipment required in Rule .0201 of
this Section, an ambulance identified as a Mobile Intensive
Care Unit I may, upon approval of the medical director,
carry equipment and supplies to perform medical acts
authorized by 21 NCAC 32H .0403. The amount of
equipment or supplies carried on each MICU I shall be
concurrent with the medical protocols approved by the
Office of Emergency Medical Services in effect for the
advanced Life Support program with this the MICU I is
affiliated, shall oarry th e following e quipm e nt and
medical suppli e o, in amount s approv e d by th e m e dioal
dir e otor:
ft) two way — radio capabl e — of continuous voio e
communications with the spon s or ho s pital;
(3) angiooath noodles;
(2) vacutninors;
(4) I.V. administration s e ts appropriat e to s olution
contain e rs and n ee dles;
(5) blind insertion airway dovico;
(6) antishock trousers.
(b) A MICU I may also, upon approval of the medical
director, carry the intravenous solution(s) and medications(s)
authorized by 21 NCAC 32H .0403. The amounts and
concentrations shall be concurrent with the medical proto-
cols approved by the Office of Emergency Medical Services
in effect for the Advanced Life Support program with which
10:8
NORTH CAROLINA REGISTER
July 14, 1995
641
PROPOSED RULES
the MICU I is affiliated. A copy of the current medical
protocols may be obtained from the sponsor hospital of the
advanced life support program. One copy of 21 NCAC
32H may be obtained at no cost from the Office of Emer-
gency Medical Services, 701 Barbour Drive, P.O. Box
29530, Raleigh, NC 27626-0530.
Statutory Authority G.S. 1 31 E-l 57(a).
.0203 MOBILE INTENSIVE CARE UNIT III
(a) In addition to equipment required in Rule .0201 of this
Section, Ah an ambulance identified as a Mobile Intensive Care
Unit III may, upon approval of the medical director, carry
equipment and supplies to perform medical acts authorized by
21 NCAC 32H .0402. The amount of equipment or supplies
carried on each MICU III shall be concurrent with the medical
protocols approved by the Office of Emergency Medical
Services in effect for the advanced Life Support program with
this the MICU III is affiliated, shall carry th e e quipm e nt and
supplies required in Rule .0201 of this Section and tho following
equipment and medical supplies in amounts approved by the
m e dical director:
f4-) two way radio capabl e of continuous voice oommu
nioationa with tho sponsor hospital;
f2-) angiocath necdloo;
{£) vaoutain e rs;
(4) I.V. adminiotrotion s e ts appropriat e to solution
containers and noodles;
{§} blind insertion airway devices;
{&) antishock trous e rs;
(7-) sterile syring e s;
(8-) endotracheal tubes;
(9) laryngoscope (handle and blade);
f+0) cardiac monitor and accessories;
f4-H d e fibrillator.
(b) A vehicle identified as a Mobile Intensive Care Unit IH
may also, upon approval of the medical director carry the
intravenous solution(s) and medications(s) authorized by 21
NCAC 32H .0402. The amounts and concentrations shall be
concurrent with the medical protocols approved by the Office
of Emergency Medical Services in effect for the Advanced Life
Support program with which the MICU III is affiliated. A copy
of the current medical protocols may be obtained from the
sponsor hospital of the advanced life support program. One
copy of 21 NCAC 32H may be obtained at no cost from the
Office of Emergency Medical Services, 701 Barbour Drive,
P.O. Box 29530, Raleigh, NC 27626-0530.
Statutory Authority G.S. 131 E-l 57(a).
.0204 ADVANCED LIFE SUPPORT
NONTRANSPORTING UNIT
A vehicle identified as an Advanced Life Support
nontransporting unit shall carry equipment and supplies in
accordance with the level of Advanced Life Support care
offered by the provider with which the vehicle is affiliated.
These requirements are defined in Rules .0202, .0203, .0205,
and .0207 of this Subchapter. These vehicles shall also comply
with requirements and criteria set forth in North Carolina
General Statutes 20-125, d e aling with regarding horns and
audible warning devices; 20-130.1, d e aling with regarding
the use of red lights and other visual warning devices; and
20-183.2, dealing with regarding vehicle equipment safety
inspections.
Statutory Authority G.S. 131E-157(a).
.0205 MOBILE INTENSIVE CARE UNIT II
(a) In addition to equipment required in Rule .0201 of this
Section, Ah an ambulance identified as a Mobile Intensive Care
Unit II may, upon approval of the medical director, carry
equipment and supplies to perform medical acts authorized by
21 NCAC 32H .0406. The amount of equipment or supplies
carried on each MICU II shall be concurrent with the medical
protocols approved by the Office of Emergency Medical
Services in effect for the advanced Life Support program with
this the MICU D is affiliated, shall carry th e e quipment and
supplies required in Rule .0201 of this Section and tho following
equipment and medical supplies in amounts approved by the
medical director:
f4^ two way radio capabl e of continuous voic e commu
nications with tho sponsor hospital;
(2-) angiocath noodles;
m-
vaoutain e rs;
(4) I.V. administration sots appropriate to solution
containers and needles;
(£} blind insertion airway devices;
(&) antishock trous e rs;
f7} st e ril e syring e s;
(&) endotracheal tubes;
(9) laryngoscope (handlo and blade);
f+O) oardiao monitor and accessories;
f44-) defibrillator
(b) A vehicle identified as a Mobile Intensive Care Unit II
may, upon the approval of the medical director carry the
intravenous solution(s) and medications(s) authorized by 21
NCAC 32H .0406. The amounts and concentrations shall be
concurrent with the medical protocols approved by the Office
of Emergency Medical Services in effect for the Advanced Life
Support program with which the MICU II is affiliated. A copy
of the current medical protocols may be obtained from the
sponsor hospital of the advanced life support program. One
copy of 21 NCAC 32H may be obtained at no cost from the
Office of Emergency Medical Services, 701 Barbour Drive,
P.O. Box 29530, Raleigh, NC 27626-0530.
Statutory Authority G.S. 131E-157(a).
.0207 MOBILE INTENSrVE CARE UNIT IV
(a) In addition to equipment required in Rule .0201 of this
Section, An an ambulance identified as a Mobile Intensive Care
Unit IV may, upon approval of the medical director, carry
equipment and supplies to perform medical acts authorized by
21 NCAC 32H .0407. The amount of equipment or supplies
642
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
carried on each MICU IV shall be concurrent with the medical
protocols approved by the Office of Emergency Medical
Services in effect for the advanced Life Support program with (2)
this the MICU IV is affiliated, shall carry, in addition to the
equipment roforoncod in Rule .0201 of this Section, an auto
matio e xternal d e fibrillator (AED).
(b) A MICU IV may also, upon approval of the medical
director, carry the medications(s) authorized by 21 NCAC 32H (3)-
.0407. The amounts and concentrations shall be concurrent
with the medical protocols approved by the Office of Emer-
gency Medical Services in effect for the Advanced Life Support
program with which the MICU IV is affiliated. A copy of the £3}
current medical protocols may be obtained from the sponsor
hospital of the advanced life support program. One copy of 21
NCAC 32H may be obtained at no cost from the Office of
Emergency Medical Services, 701 Barbour Drive, P.O. Box
29530, Raleigh, NC 27626-0530.
Statutory Authority G.S. 13 IE- 157(a).
14)
(5J
******************
Notice is hereby given in accordance with G.S. 150B-21.2
that the North Carolina Medical Care Commission intends
to adopt rule cited as 10 NCAC 3L .1112; amend rules 10
NCAC 3L .0901 - .0907. .1001 - .1007, .1101 - .1111, .1201 -
. 1202, . 1301 - . 1302, . 1401 - . 1402 and repeal rule 3L . 1303.
Proposed Effective Date: February 1 , 1996. £6}
A Public Hearing will be conducted at 9:30 a. m. on Septem- £7}
ber 8, 1995 at the UNC-Wiltnington , 214 University Union, 601
S. College Road, Wilmington, NC 28403-3291.
Reason for Proposed Action: To strengthen and clarify
existing licensure rules governing home care agencies.
Comment Procedures: In order to allow the Commission
sufficient time to review and evaluate your written comments
prior to the hearing, please submit your written comments to
Mr. Jackie Sheppard, APA Coordinator, DFS, P. O Box 29530,
Raleigh, NC 276260530, telephone (919) 733-2342 by August
18, 1995, but in no case later than the hearing on September 8,
1995.
Fiscal Note: These Rules do not affect the expenditures or
revenues of local government or state funds.
SUBCHAPTER 3L - THE LICENSED OF
HOME CARE AGENCIES
SECTION .0900 - GENERAL
.0901 DEFINITIONS (ID
The following definitions will apply throughout this Subchap-
ter:
(1) "Agency director" means the person having adminis-
[8]
m
(10)
trative responsibility for the operation of the homo
ea*e agency.
"Allied health personnel" means in hom e aid e o,
licensed practical nurses, physical therapy assistants,
occupational therapy assistants or other health profes-
sionals as defined in occupational licensure laws that
are subject to supervision by a health professional.
"Appropriate health care professional" moans a
licensed health care provider authorized to supervise
oth e r p e rsonn e l ao d e fined in applicabl e occupational
lie -e nsur e laws and regulations.
£4) "Appropriate professional" means a licensed
health care professional as defined in Subparagraph
(3) of this Rule or a person with a baccalaureate
degree in social work or an individual who meets the
job specifications established for a social worker by
the Office of State Personnel.
"Client" means an individual who receives home care
"Clinical respiratory services" means the provision of
respiratory equipment and services that involve the
assessment of a client's pulmonary status, monitoring
of a client's response to therapy and reporting to the
client's physician. Procedures, include but not
limited to: oximetry, blood gases, delivery of medica-
tion via aerosolization, management of ventilatory
support equipment, pulmonary function testing and
infant monitoring.
(§) "Department" means the North Carolina Depart-
ment of Human Resources.
£6) "Follow-up care" means services provided to a
licensed hospital's discharged patient in his their
home by a hospital's employees. All services except
pulmonary care, pulmonary rehabilitation or ventila-
tor services shall not exceed three visits in any two
month period and shall not extend beyond a 12
month period following discharge.
"Geographic service area" means the geographic area
in which a licensed agency provides home care
services.
(7) "Governing body" means the person or group of
persons having full legal authority and own e rship
responsibility for the operation of the hom e oar e
agency.
(8) "Home care agency" means a private or public
organization which provid e s homo care oorvieoo. an
agency as defined in G.S. 131E-136(2).
"Homo care agency premises" means the physical site
where the home care agency maintains any staff
p e rforming administrativ e funotiong, and maintains its
p e rsonnel records, or maintains ito oli e nt s e rvio e
re cords, or holds itself out to the public a s being a
location for receipt of client referrals.
(40) "Home care services" means any of th e follow
ing se rvic e s and dir e ctly relat e d m e dical suppli e s and
appliances, which arc provided to an individual in a
place of temporary or permanent residence used as an
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July 14, 1995
643
PROPOSED RULES
W-
individual's homo: those services as defined in G.S.
131E-136(3).
— Nuroing oare;
(b)-
(e>-
Physical, occupational or speech thompy, when
provided to an ind i vidual who also is receiving
nuroing s e rvic e s, or any oth e r of thos e th e rapy
sorvioos, in a plaoo of temporary or perman e nt
residence used as the individual's homo;
Medical social s ervices;
(#-
&-
In hom e aid e s e rvic e s that involv e hands on care to
an individual;
Infusion nursing sorvioos; and
(12)
(f) Assistance with pulmonary care, pulmonary roha
bilitation or ventilation. — Th e t e rm "hom e oare
services" does not includ e the following:
(i) — health promotion, preventative health and com
munity health sorvioos provided by public health
dopartm e nti);
(ii) — maternal and ohild health servic e s provid e d by
public health departments, by employees of the
Department of Environment, Health, and Natural
Resourc e s under G.S. 130A 121, or by d e v e lop
mental e valuation c e nters und e r contract with th e
Department of Environment, Health, and Natural
Resources — te — provide — services — under — G.S.
130A 121;
(iii) — hospitals lic e ns e d und e r Artiol e 5 or Chapt e r
13 IE of the General Statutes when providing
follow up care initiated to patients within s ix
months aft e r th e ir discharg e from th e hospital;
(iv) — facilities and programs operated und e r th e author
ityofG.S. 122C;
fv) — schools, when providing services pursuant to
Artiole 9 of Chapt e r 115C;
fvi) — th e praotio e of midwif e ry by a p e rson lio e ns e d
under Article 10A of Chapter 90 of the General
Statutes;
(vii) — hospio e o licensed und e r Articl e 10 of Chapt e r
13 IE of th e G e n e ral Statutes wh e n providing care
to a hospico pationt;
(viii) — an individual who engages solely in providing his
own s e rvic e s to oth e r individuals;
(4*) — incid e ntal h e alth care provid e d by an e mploy ee of
a physician lioensed to practice med i cin e in North
Carolina in the normal course of the physician'3
praotio e ; or
(*) — nursing registri es if the r e gi s try discloses to a
client or the client's responsible party, before
providing any servic e s, that:
(A) it is not a licensed hom e oar e ag e ncy, and
(&) it do e s not mak e any repr e s e ntations or
guarantees concerning the training, s upervi
sion or competence of the personnel pro
vid e d.
(44-) "Home health agency" means an agency as
defined in Chapter 131-136(4) of the General Stat-
utes.
(42) "Homo health aid e " moons an in homo aide qualified
to provide sorvioos und e r a home health ag e noy.
(13) "Infusion nursing services" means those services
related to the administration of pharmaceutical agents
directly into a body organ or cavity , or via the
intravenous, intraspinal, or e pidural routes . Routes
of administration include but are not limited to sub-
cutaneous, intravenous, intraspinal, epidural or
intrathecal. Administration shall be by or under the
supervision of a registered nurse in accordance with
their legal scope of practice.
(14) "In-home aide" means an individual qualified to
provide hands-on personal care to home care clients.
(15) "In-home care provider" means any individual who
provides home care services as enumerated in G.S.
131E-136.
(16) (44) "In home aide services" are those hands-on
paraprofessional services which assist the individual,
his their family or both with essential home manage-
ment tasks, personal care tasks, or supervision of the
client's activities, or all of the above, to enable the
individual, his their family or both, to remain and
function effectively at home as long as possible.
(17) (45) "Licensed practical nurse" means a person duly
licensed as such, holding a current license as required
by North Carolina statute G.S. 90-171.30 .
(18) (44) "Medical social services" means those profes-
sional services provided to an individual in his their
home by a medical social worker, or by a medical
social worker assistant under the supervision of a
medical social worker, when provided by a hom e
eafe- agency in conjunction with other nursing or
therapy services provided by the same agency.
(19) (4^7-) "Medical social worker" means a person with a
masters degree from a school of social work ap-
proved by the Council on Social Work Education
who is eligible for certification by the North Carolina
Certification Board for Social Work as a Certified
Master Social Worker.
(20) (48) "Medical social worker assistant" means a
person who has a baccalaureate degree in social
work, psychology, sociology, or other field related to
social work, and has had at least one year of social
work experience.
(21) (49) "Nursing registry" means a person who main-
tains a list of nurses or in-home aides or both that is
made available to persons seeking nursing care or
in-home aide services. A "nursing registry" does not
include a registry kept by a person who:
(a) collects a fee from a nurse, in-home aide or person
seeking the services when the fee is contingent
upon the employment or use of a nurse or in-home
aide from the list; or
(b) arranges or coordinates the delivery of services
provided by a nurse or in-home aide from the list;
or
(c) supervises, evaluates or controls the provision of
644
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
services by a nurse or in-home aide from the list.
(22) (30) "Nursing services" means professional services
provided by a registered nurse or a licensed practical
nurse under the supervision of a registered nurse.
(23) (34) "Occupational therapist" means a person duly
licensed as such, holding a current license as required
by North Carolina otntuto G.S. 90-270.70 .
(24) (33) "Occupational therapist assistant" means a
person duly licensed as such, holding a current
license as required by North Carolina statut e G.S. 90-
270.70 .
(25) (33) "Occupational therapy services" means profes-
sional services provided by a licensed occupational
therapist or a licensed occupational therapist assistant
under the supervision of a licensed occupational
therapist.
(26) "Paraprofessional" means an in-home care provider
who does not hold a professional license or profes-
sional certification and through the nature of their
duties assists a professional.
(27) "On -call services" means home care services made
available to clients on a 24-hour basis in order to
meet clients' unscheduled needs.
(28) (34) "Personal care" includes tasks that range from
assistance to an individual with basic personal hy-
giene, grooming, feeding and ambulation to medical
monitoring and other health care related tasks.
(29) (35) "Physical therapist" means a person duly li-
censed as such, holding a current license as required
by North Carolina statut e G.S. 90-270.29 .
(30) (36) "Physical therapist assistant" means a person
duly licensed as such holding a current license as
required by North Carolina statute G.S. 90-270.29 .
(31) (37) "Physical therapy services" means professional
services provided by a licensed physical therapist or
a licensed physical therapist assistant under the
supervision of a licensed physical therapist.
(32) (3&) "Physician" means a person licensed as such,
holding a current license as required by North Caro
lina statute G.S. 90-15 .
(33) (39) "Plan of care" means the written description of
the authorized home care services and tasks to be
provided to a client.
(34) "Premises" means the location or licensed site from
which the agency provides home care services or
maintains client service records or advertises itself as
a home care agency.
(30) "Pulmonary care, pulmonary rehabilitation or ventila
tion services" means the provision of pulmonary
support e quipm e nt and r e lat e d s e rvic e and includes,
but is not limit e d to: — oximetry, drawing of blood
gassos. or delivery of medications via acrosolization,
and management of ventilator)' support equipment.
(34) "Registered nurse" means a person duly licensed
as such, holding a current license as required by
North Carolina statute G.S. 90-171.30.
(35)
(36)
(33) "Respiratory therapist" means a person who is
certified credential ed by the National Board for
Respiratory Care.
(37) "Respiratory practioner" means those persons who
provide clinical respiratory services in a client's
home.
(38) "Scope of services" means those specific services
provided by a licensed agency as listed on their home
care license.
(39) "Survey" means an inspection by the Division of
Facility Services in order to assess the compliance of
agencies with the home care licensure rules.
(40) (33) "Social worker" means a person who meets the
qualifications of the North Carolina Office of State
Personnel for social workers.
(41) (34) "Speech and language pathologist" means a
person duly licensed as such, holding a current
license as required by North Carolina statute G.S. 90-
294 .
(42) (35) "Speech therapy" means professional services
provided by a licensed speech and language patholo-
gist.
(43) "Skilled Services" means all home care services
enumerated in G.S. 131E-136(3) with the exception
of in-home aide services.
Statutory Authority G.S. 13 IE- 140.
0902 LICENSE
Each homo care agency premises shall obtain a license unless
exempted by G.S. 131E-136(3).
Statutory Authority G.S. 13 IE- 140.
.0903 APPLICATION FOR AND ISSUANCE
OF LICENSE
(a) An application for the operation of a home care an agency
shall be submitted to the Department prior to the schedulin g of
an initial licensure survey or the issuance of a license being
issued . The home caro agency shall establish, maintain and
make available for inspection such documents, records and
policies as required in this Section and statistical data sufficient
to complete the licensure application and upon request of the
Department, to submit an annual data report, including all
information required by the Department.
(b) The Department shall issue a license to each home car e
agency. Whether initial and ongoing licensure inspections
include all premises of a hom e car e an agency and whether they
include on-site inspections shall be at the discretion of the
Department. Initial licensure shall be for a period of not more
than one year. Unless the Department takes adverse action on
a license as outlined in G.S. 131E-139, subsequent licensure
shall extend for a minimum of one year and a maximum of
three years, at the discretion of the Department. Each license
shall expire at midnight on the expiration date on the license and
is renewable upon application.
(c) The license shall be posted in a prominent location
accessible to public view within the premises. The agency shall
10:8
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July 14, 1995
645
PROPOSED RULES
also post a sign at the public access door with the agency name.
(d) The license shall be issued for the premises and persons
named in the application and shall not be transferable. The
name and street address under which the agency operates shall
appear on the license. The license shall reflect the services
provided by the homo core agency. For a homo health agency.
the lieonso shall also refl e ct the counti e s in which tho ag e ncy is
authorized to provide home health services.
(e) Prior to change of ownership or the establishment of a
new homo h e alth agency, the agency must be in compliance
with all the applicable statutes, rules and policies established
under G.S. 13 IE, Article 9.
(f) Prior to change of ownership of a homo care agency, tho
agency must notify th e d e partm e nt. The licensee shall notify
the Department in writing of any proposed change in ownership
or name at least 30 days prior to the effective date of the
change.
(g) Any agency adding a new service category as outlined in
G.S. 131E-136 (3)(a)-(f) shall notify the department in writing
at least 30 days prior to the provision of that service to any
clients. The Department shall approve the added service prior
to its implementation.
(h) An A hom e care agency shall notify the Department in
writing if it discontinues or is unable to provide for a period of
six continuous months any service category as outlined in G.S.
131E-136(3)(a)-(f) that is listed on the agency's license.
Statutory Authority G.S. 131E-140.
.0904 INSPECTIONS
(a) Any hom e care agency licensed by the Department shall
be subject to proper inspections by an authorized representative
of the Department at any time as a condition of holding such
license.
(b) Any organization subject to licensure which presents itself
to the public as a home care agency, which does not hold a
license, and is or may be in violation of Rule .0902 of this
Section and G.S. 131E-138 shall be subject to proper inspec-
tions at any time by authorized representatives of the Depart-
ment.
(c) Any authorized representative of the Department shall
make his their identity known to the person in charge prior to
inspection.
(d) Inspection of service records shall be carried out in
accordance with G.S. 131E-141(b).
(e) An inspection shall be considered proper whenever the
purpose of the inspection is to determine whether the agency
complies with the provisions of this Subchapter or whenever
there is reason to believe that some condition exists which is not
in compliance with the rules in this Subchapter. The agency
shall allow immediate access to its premises and the records
necessary to conduct an inspection and determine compliance
with the rules of this Subchapter. Failure to do so shall result
in termination of the survey and may result in injunctive relief
as outlined in G.S. 131E-142.
(fj An agency shall file a plan of correction for cited deficien-
cies within 10 working days of receipt. The Department shall
review and respond to a written plan of correction within 10
working days of receipt.
(g) Representatives of the Department may visit clients in
their homes to assess the agency's compliance with the clients'
plans of care and with the licensure rules. Clients will be
contacted by the agency staff in the presence of Department
staff for permission to visit.
Statutory Authority G.S. 13 IE- 140.
.0905 MULTIPLE PREMISES
If a person operates multiple home care agency premises:
( 1 ) the Department may conduct inspections at any or all
of the premises and shall issue a license to each of
the premises based upon a sample inspection of any
or all of the premises;
(2) with 72 hours advance notice, the Department may
request records from any of the premises necessary
to ensure compliance with the rules m of this S e ction
Subchapter ; and be brought to the site being in-
spected, including the portions of personnel records
subject to review. For agencies for whom a corpo-
rate or government policy precludes the disclosure of
employee evaluations, a statement signed by the
employee's supervisor attesting to its completion shall
be accepted.
(3) the premises may share hands-on care staff or admin-
istrative staff, or centralize the maintenance of
records.
Statutory Authority G.S. 131E-140.
.0906 COMPLIANCE WITH LAWS
(a) The hom e care agency shall be in compliance with all
applicable federal, state and local laws, rules and regulations.
(b) Staff of the home core agency shall be currently licensed
or registered in accordance with applicable laws of the State of
North Carolina.
(c) An A hom e care agency shall be deemed to meet the
licensure requirements and issued a license without further
review or inspection if the agency is certified or accredited by
one of the accrediting bodies specified in G.S. 131E-138(g) or
is recognized by the Medical Care Commission as allowed by
G.S. 131E-138(g) .
Tho Department may, at its discretion, determine tho frequency
and e xtent of th e revi e w and insp e ction of homo health agonoioo
already c e rtifi e d as mooting f e d e ral requir e m e nts, but not mor e
frequently than on an annual basis for routine reviews.
(d) Nothing in this Section shall prohibit the Department
from conducting inspections as provided for in Rule .0904 of
this Section.
(e) Any agency deemed to be in compliance by virtue of
accreditation by one of the specified accrediting bodies shall
submit to the Department a copy of its accreditation report
within 30 days after the home care agency receives its report
each time it is surveyed by the accrediting body. The agency
shall notify the Department of any action taken that affects its
646
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
accreditation status, either temporarily or permanently. The
Department may conduct annual validation surveys to assure
compliance.
Statutory Authority G.S. 13 IE- 140.
.0907 ADVERSE ACTION
(a) The Department may deny, suspend, revoke, recall or
amend a license in accordance; with G.S. 13 IE 130 for any
homo oaro ag e noy whioh significantly fails to oomply with th e
rules contain e d in this Subchapt e r or which failo to impl e m e nt
an approved plan of correction for deficiencies cited by the
Department. An A homo care agency may appeal any adverse
decision made by the Department concerning its license by
making such appeal in accordance with the Administrative
Procedure Act, G.S. 150B and departmental rules 10 NCAC IB
.0200etseq. As provided for in G.S. 13 IE 1 4 2, tho Depart
m e nt ohall o ee k injunctiv e relief to pr e v e nt an ontity from
establishing or op e rating a hom e oar e agonoy without a license.
Pursuant to G.S. 131E 141.1 a person shall bo subject to
criminal liability for establishing, conducting, managing, or
operating a hom e oaro ag e noy without a licens e .
(b) The Department may amend a license by reducing it from
a full license to a provisional license whenever the Department
finds that:
(1) the licensee has substantially failed to comply with
the provisions of Part C of Article 6 of Chapter
131E of the General Statutes and the rules promul-
gated under that Part; and
(2) there is a reasonable probability that the licensee
can remedy the licensure deficiencies within a
reasonable length of time; and
(3) there is a reasonable probability that the licensee
will be able thereafter to remain in compliance with
the home care licensure rules for the foreseeable
future.
The Department shall give the licensee written notice of the
amendment of its license. This notice shall be given by
registered or certified mail or by personal service and shall set
forth the reasons for the action.
(c) The provisional license shall be effective immediately
upon its receipt by the licensee and must be posted in a
prominent location, accessible to public view, within the
licensed premises in lieu of the full license. The provisional
license shall remain in effect until:
(1) the Department restores the licensee to full licen-
sure status; or
(2) the Department revokes the licensee's license; or
(3) the end of the licensee's licensure year.
If a licensee has a provisional license at the time that the
licensee submits a renewal application, the license, if renewed,
shall also be a provisional license unless the Department
determines that the licensee can be returned to full license
status. A decision to issue a provisional license is stayed during
the pendency of an administrative appeal and the licensee may
continue to display its full license during the appeal.
(d) The Department may revoke a license whenever:
(1) The Department finds that:
(A) the licensee has substantially failed to comply
with the provisions of Part C of Article 6 of
Chapter 13 IE of the North Carolina General
Statutes and the rules promulgated under those
parts; and
(B) it is not reasonably probable that the licensee can
remedy the licensure deficiencies within a reason-
able length of time; or
(2) The Department finds that:
(A) the licensee has substantially failed to comply
with the provisions of Part C of Article 6 of
Chapter 13 IE of the General Statutes; and
(B) although the licensee may be able to remedy the
deficiencies within a reasonable time, it is not
reasonably probable that the licensee will be able
to remain in compliance with the home care
licensure rules for the foreseeable future; or
(3) The Department finds that there has been any
failure to comply with the provisions of Part C of
Article 6 of Chapter 131E of the North Carolina
General Statutes and the rules promulgated under
those parts that endangers the health, safety or
welfare of the clients, receiving services from the
agency.
The issuance of a provisional license is not a procedural
prerequisite to the revocation of a licensed pursuant to Subpara-
graphs (d)(l)(2) and (3) of this Rule.
Statutory Authority G.S. 131E-140.
SECTION .1000 - ADMINISTRATION
.1001 AGENCY MANAGEMENT AND
SUPERVISION
(a) The governing body or its designee shall establish and
assure implementation of written policies governing agency
operation. Such policies shall be available for inspection by the
Department. The policies shall include, at the minimum,
provision for the evaluation of tho quality and description of the
scope eft of services offered, offered; admission and discharge
policie s, policies; supervision and of personnel; development of,
and updates to, the plan of care, management of emergency
care situations in the home; time frame for completion and
return of service records to the agency; personnel qualifications.
qualifications; an organizational ohart, chart; program e valua
tion, evaluation; employee and client confidentiality; and
coordination of and referral to and from other community
agencies and resources.
(b) The hom e car e agency shall designate an individual to
serve as agency director. The agency director shall have the
authority and responsibility for administrative direction of the
homo care agency.
(c) The h om e oar e agency shall designate a professional
responsible for supervising each type of home care service
provided by the agency either directly or by contract. This
individual may be the supervisor for one or more home care
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July 14, 1995
647
PROPOSED RULES
services and may also serve as the agency director.
(d) There shall be written documentation that specifies the
responsibilities and authority of the agency director and
supervisor.
(e) If the position of agency director becomes vacant, the
Department shall be notified within one week five working days
in writing of such vacancy along with the name of the replace-
ment, if available. Agency policies shall define the order of
authority in the absence of the administrator.
(f) The agency shall have the ultimate responsibility for the
services provided under its license; however, it may make
arrangements with contractors and others to provide services in
accordance with Rule .1111 of this Subchapter.
(g) An A homo ear s agency shall have written policies which
identify the specific geographic area in which the agency
provides each service. For homo health agoneioa, those goo
graphic area policies shall bo consistent with tho cortificato of
need restrictions on g e ographio aroa for th e agonoy'o hom e
health agency cli e nts. If an agency plans to expand its geo-
graphic service area without opening an additional site, the
Department shall be notified in writing 30 days in advance.
Statutory Authority G.S. 13 IE- 140.
.1002 ADMINISTRATIVE, FINANCIAL AND
STATISTICAL RECORDS
(a) The hom e car e agency shall establish, maintain and make
available for inspection the home care annual budget and
statistical records .
(b) The agency shall record, maintain and make available to
the Department statistical records as requested. The records
shall include information on tho agency's homo earo s taff, client
demographics, paymont sources and other statistical data as
required for th e operation of tho agency or by tho Department.
at a minimum the following.
(1) Number of home care staff, including administra-
tive, clerical, professional and paraprofessional and
their total number of units of services;
(2) Client demographics, including county of residence
and age; and
(3) Number of units of service by service category.
(c) Records shall be retained for a period of not less than
three years.
(d) When an a home care agency operates as a part of a
health care facility licensed under Article 5 or 6 of G.S. 13 IE,
or as a part of a larger diversified agency, records of home care
activities and expenditures that are separate and identifiable shall
be maintained for the homo care agency.
Statutory Authority G.S. 131E-140.
1003 PERSONNEL
(a) Written policies shall be established and implemented by
the agency regarding infection control and exposure to commu-
nicable diseases consistent with Subchapter 19A of Title 15A,
North Carolina Administrative Code. These policies and
procedures shall include provisions for compliance with 29 CFR
1910 (Occupational Safety and Health Standards) which is
incorporated by reference including subsequent amendments.
Emphasis shall be placed on compliance with 29 CFR 1910-
1030 ( Airborne and Bloodbome Pathogens). Copies of Title 29
Part 1910 can be purchased from the Superintendent of Docu-
ments. U.S. Government Printing Office, P.O. Box 371954,
Pittsburgh, PA 15250-7954 or by calling Washington, D.C.
202-512-1800. 30403 for thirty eight dollars ($3 8 .00) The cost
is twenty -one dollars ($21.00) and may be purchased with a
credit card, by a direct tel e phone call to th e G. P.O. at 202/783
323 8. Hands on care omployooo must hav e an annual okin t e st
for TB. Individuals, who have previously tested positive to tho
TB skin tost, shall obtain an annual verification that they are
fre e of TB. This v e rification shall b e obtained from th e local
h e alth d e partm e nt, a private physician or h e alth nurs e e mployed
by tho agency. Tho Tuberculosis Control Branch of tho North
Carolina Department of Environment, Health, and Natural
R e sourc e s, P.O. Box 276 8 7, Ral e igh, North Carolina 27611
76 8 7 will provid e fre e of charg e , guid e lin e s for conducting
verification and Form DEHNR 3 4 05 (Record of Tuberculosis
Screening). Employees that are directly exposed to tuberculosis
(TB) clients, including those involved with high hazard proce-
dures, are required to have an initial or baseline tuberculosis
skin test. For this category of employee, the tuberculosis test
must be repeated every six months. For employees that do not
work with known tuberculosis clients (in other words they do
not have occupational exposure) the tuberculosis test would not
be required.
(b) Written policies shall be established and implemented
which include personnel record content, orientation and in-
service education. Records on the subject of in-service educa-
tion and attendance shall be maintained by the agency and
retained for at least one year.
(c) Job descriptions for every position shall be established in
writing which include qualifications and specific responsibilities.
Individuals shall be assigned only to duties for which they are
trained and competent to perform and when applicable for
which they are properly licensed.
(d) Personnel records shall be established and maintained for
each home care employee which include education, training,
previous experience, verification of professional or paraprofos
si onal regi s tration or lic e ns e wh e n applicabl e , oth e r qualifioa
tions, and annual p e rformanc e e valuations . When requested,
the records shall be available on the agency premises for
inspection by the Department. These records shall be main-
tained for at least one year after termination from agency
employment. The records shall include as a minimum:
(1) an application or resume which lists education,
training and previous employment that can be
verified, including job title;
a job description with record of acknowledgment by
the e mployee;
reference checks or verification of previous em-
ployment;
records of tuberculosis screening for employees for
whom the test is necessary as described in Para-
graph (a) of this Rule;
CD
(3}
£4)
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NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
(5) Documentation of Hepatitis B immunization or
declination for hands-on care employees in accor-
dance with the agency's exposure control plan;
(6) airborne and bloodbome pathogen training for
hands on care employees, including annual updates,
in compliance with 29 CFR 1910 and in accordance
with the agency's exposure control plan;
(7) performance evaluations according to agency policy
and at least annually ;
(8) verification of employees' credentials as applicable;
and
(9) records of the verification of competencies by
agency supervisory personnel of all skills required
of home care services personnel to carry out client
care tasks to which the employee is assigned. The
method of verification shall be defined in agency
policy.
Statutory Authority G.S. 13 IE- 140.
.1004 EVALUATION
(a) The hom e oar e agency's governing body or its designee
shall, at least annually, conduct a comprehensive evaluation of
the homo caro agency's total operation. Tho evaluation shall
aflouro tho appropriateness and quality of the agency's services
with findingo used to v e rify 1 polioy impl e m e ntation, to id e ntify'
probl e ms, and to e stablish problem resolution and polioy
revision as necessary.
(b) The evaluation shall assure the appropriateness and
quality of the agency's services with findings used to verify
policy implementation, to identify problems, and to establish
problem resolution and policy revision as necessary.
(c) (b)The evaluation must shall consist of an overall policy
and administration review, including the scope of services
offered, arrangements for services with other agencies or
individuals, admission and discharge policies, supervision and
plan of care, emergency care, service records, personnel
qualifications and program evaluation. Data to be assessed shall
include at a minimum the following as a minimum :
(1) number of clients receiving each services,
(2) number of visits or hours for each service;
(3) client outcomes;
(4) adequacy of staff to meet client needs;
(5) numbers and reasons for nonacceptance of clients;
and
(6) reasons for discharge.
(d) {e)An evaluation of the agency's client records shall be
carried out at least quarterly by appropriate professionals
representing the scope of the agency's program. The evaluation
shall include a review of sample active and closed client records
to ensure that agency policies are followed in providing
services, both direct and under arrangement, and to assure that
the quality of service is satisfactory and appropriate. The
review shall consist of a representative sample of all home care
services provided by the agency.
(e) (^Documentation of the evaluation shall include the
names of persons carrying out the evaluation, the criteria and
methods used to accomplish it, and the any action taken by the
agency as a result of the its findings.
Statutory Authority G.S. 13 IE- 140.
.1005 HOSPICE CARE
If an a hom e oare agency offers or provides a hospice
program of care, such services shall be in compliance with all
provisions of 10 NCAC 3T (Hospice Licensing Rules), with the
exception of rules requiring a separate hospice license.
Hospices shall be eligible for a home care license if they meet
the requirements of JO NCAC 3L and meet the standards for
the specific home care services offered. The extent of the
licensure review shall be at the discretion of the Department.
Should the hom e oare agency's hospice program be found in
non-compliance with the hospice licensure rules or statutes, that
shall be a violation of their homo caro agoncy either license.
Adverse action shall be taken in accordance with Section .0900
of this Subchapter and injunctive relief may be sought in
accordance with North Carolina General Statute 131E-206.
Statutory Authority G.S. 13 IE- 140.
.1006 NURSING POOL
If an A homo caro agency offers or provides a nursing pool,
and does not wish to obtain a separate license for its nursing
pool, such services shall be in compliance with all provisions of
10 NCAC 3V (Nursing Pool Licensing Rules), with the
exception of rules requiring a separate nursing pool license.
Should the homo oaro agency's nursing pool be found in
non-compliance with the nursing pool licensure rules and
statutes, that shall be a violation of their home care agency
license. Adverse action shall be taken in accordance with
Section .0900 of this Subchapter and injunctive relief may be
sought in accordance with North Carolina General Statute
131E-154.7.
Statutory Authority G.S. 131E-140.
.1007 CLIENT RIGHTS AND
RESPONSIBILITIES
(a) An A hom e car e agency must provide each client with a
written notice of the client's rights and responsibilities in
advance of furnishing care to the client or during the initial
evaluation visit before the initiation of services. The agency
must shall maintain documentation showing that each client has
received a copy of his their rights and responsibilities.
(b) The notice must shall include at a minimum the client's
right to:
(1) be informed and participate in his their plan of
care;
(2) voice grievances about his their care and not be
subjected to discrimination or reprisal for doing so;
(3) confidentiality of his their records;
(4) be informed of his liability for payment for ser-
vices; and
(5) be informed of the process for acceptance and
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July 14, 1995
649
PROPOSED RULES
L6J
ill
®
continuance of service and eligibility determina-
tion;
fS)accept or refuse servic e s, services;
be informed of the agency's on-call service;
be informed of supervisory accessibility and avail-
ability; and
be advised of the agency's procedures for dis-
charge.
(c) An A homo care agency shall provide all clients with a
telephone number for information, questions or complaints
about services provided by the agency. The agency shall also
provide the Division of Facility Services complaints hotline
number or the Department of Human Resources Caroline
number. The Division of Facility Services will investigate all
allegations of non-compliance with the rules.
(d) An A homo care agency shall investigate^^ within 72-
hours, complaints made by a client or his their family, and must
document both the existence of the complaint and the resolution
of the complaint.
Statutory Authority G.S. 131E-140.
SECTION .1100 - SCOPE OF SERVICES
.1101 ACCEPTANCE OF CLIENTS
FOR SERVICE PROVISION
Within the scope of services provided, the Tho hom e oare
agency shall develop and implement and follow written policies
governing the acceptance of clients and client services . These
policies and procedures shall include consid e ration of the
following;
(1) adequacy and suitability of agency personnel and
resources to provide the services required by the
client and information on resources available to cover
staff absence ;
(2) reasonable expectation that the client's medical,
nursing, personal, and 3oeiaI needs need for re-
quested services can be met adequately at home by
the agency ;
(3) adequate physical facilities in the client's home for
his their plan of care; and
(4) availability or absence of family or substitute family
member able and willing to participate in the client's
care whore when necessary to ensure the safety of the
cliont. client;
(5) information on the scope of services provided and the
geographic area served with each service;
(6) notification to the referral source when one or more
needed and requested services (including assessment)
cannot be provided to a specific client within a time
frame requested by the referral source and established
by agency policy;
(7) advance notification of at least 48 hours to the client
or responsible party when service provision is to be
reduced or terminated, except in cases where the
client is in agreement with changes, there is a clanger
to a client or staff member, or the physician termi-
nates services; and
(8) referral to and coordination with other appropriate
agencies when the agency is unable to respond to a
request for service promptly, or to continue to
provide service.
Statutory Authority G.S. 13 IE- 140.
.1102 NURSING SERVICES AND DUTIES
(a) If an agency provides nursing services, such services shall
be provided by or under the supervision of a registered nurse
and in accordance with the North Carolina Nursing Practice
Act, G.S. Chapter 90, Article 9A, and the client's plan of care.
(b) Registered nurse duties shall include the following as a
minimum:
(1) regularly assess the nursing needs of the client;
(2) develop and implement the client's nursing plan of
care;
(3) provide nursing services, treatment, and diagnostic
and preventive procedures;
(4) initiate preventive and rehabilitative nursing proce-
dures appropriate for the client's care and safety;
(5) observe signs and symptoms and report to the
physician any reaction to treatment, drugs, or
changes in the client's physical or emotional condi-
tion;
(6) teach, supervise, and counsel the client and family
members about providing care for the client at
home; and
(7) supervise and train other nursing service personnel.
(c) Licensed practical nurse duties are delegated by and
performed under the supervision of a registered nurse^ Consis-
tent with the client's plan of care, duties may include: and
includ e th e following ao a minimum:
(1) obs e rv e , record and r e port to th e sup e rvisor on th e
general physical and mental condition of tho cliont
participating in assessment of the client's health
status ;
(2) administ e r pr e scrib e d m e dications and tr e atments
implementing nursing activities, including the
administration of prescribed medical treatments and
medications ;
(3) assist th e physician or regi s tered nurse in perform
ing specialized procedures; and assisting in teaching
the client and family members about providing care
to the client at home; and
(4) assist in t e aching th e oli e nt and family m e mb e rs
about providing care to tho cliont at home delegat-
ing tasks to in-home aides and supervising their
performance of tasks within the limitations estab-
lished in 21 NCAC 36 .0225(d)(3) adopted by
reference .
(d) If an agency provides nursing services, the agency shall
provide, at least, on-call nursing services on a 24 hour basis,
seven days a week. The agency shall retain current on-call
schedules and previous schedules for one year and make them
available, on request, to the Department.
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PROPOSED RULES
Statutory Authority G.S. 13 IE- 140.
Statutory Authority G.S. 13 IE- 140.
.1103 PHYSICAL THERAPY SERVICES
(a) If an agency provides physical therapy services, such
services shall be provided by or under the supervision of a
licensed physical therapist and in accordance with G.S. Chapter
90, Article 18B, Physical Therapy, and the plan of care.
(b) Physical therapy duties include the following as at a
minimum:
(1) assess the client to determine level of physical
function;
(2) establish and implement physical therapy treatment
plan;
(3) observe, record, and report to the physician any
reaction to treatment or changes in the client's
condition;
(4) instruct the family in the client's total physical
therapy program; and
(5) instruct family members, in-home aides and other
health team personnel in performing appropriate
therapy treatment.
(c) When a licensed physical therapist assistant is providing
services in the home, the licensed physical therapist shall be
accessible at all times clients are receiving services, and meet
the supervisory requirements specified in Rule . 1 1 10 of this
Section.
(d) The licensed physical therapist shall perform all initial
assessments, establish the plan of care, visit to perform plan of
care updates and assess the client's functional status, as pre-
scribed in Rule .1202 of this Subchapter, on discharge from
Statutory Authority G.S. 13 IE- 140.
.1104 SPEECH THERAPY/PATHOLOGY
SERVICES
(a) If an agency provides speech therapy, or services in
speech and language pathology or audiology such services shall
be provided in accordance with G.S. Chapter 90, Article 22,
North Carolina Licensure Act for Speech and Language
Pathologists and Audiologists and the client's plan of care
(b) Speech pathologist duties shall include the following as at
a minimum:
(1) assess clients with speech, language, voice, dyspha-
gia, and/or hearing disorders;
(2) establish and implement the speech therapy treat-
ment plan;
(3) record and report to the physician any reaction to
treatment and or changes in the client's condition;
(4) teach other health team personnel and family
members techniques to help improve and correct
the client's speech, language, voice, dysphagia,
and/or hearing potential; and
(5) counsel the client and family about the client's
speech, language, voice, dysphagia, and/or hearing
disabilities.
,1105 OCCUPATIONAL THERAPY SERVICES
(a) If an agency provides occupational therapy, such services
shall be provided by or under the supervision of a licensed
occupational therapist in accordance with G.S. Chapter 90,
Article 18D, Occupational Therapy and the plan of care.
(b) Occupational therapist therapy duties include the follow-
ing as at a minimum:
(1) assess the client's functional ability to perform
activities of daily living;
(2) establish and implement the occupational therapy
treatment plan;
(3) observe, record, and report to the physician any
reaction to treatment and any changes in the client's
condition;
(4) instruct family members, in-home aides and other
health team personnel in appropriate therapy meth-
ods; and
(5) design, develop and fit orthotic devices and
self-help devices.
(c) When a certified occupational therapist assistant is
providing services in the home, the licensed occupational
therapist shall be accessible at all times clients are receiving
services, and meet the supervisory requirements specified in
Rule . 1 1 10 of this Section.
(d) The licensed occupational therapist shall perform all initial
assessments, establish the plan of care, visit to perform plan of
care updates and discharge summaries as described in Rule
. 1202 of this Subchapter.
Statutory Authority G.S. 13 IE- 140.
.1106 MEDICAL SOCIAL WORK SERVICES
(a) If an agency provides medical social work services, such
services shall be provided by or under the supervision of a
medical social worker and in accordance with the client's plan
of care.
(b) Medical social work services include the following as at
a minimum:
(1) assist the physician and other members of the health
team in understanding the significant social and
emotional factors related to the client's health
problems;
(2) assess social and emotional factors in order to
estimate the client's capacity and potential to cope
with problems of daily living;
(3) help the client and family to understand, accept,
and follow medical recommendations and provide
services planned to restore the client to optimum
social and health adjustment within his their capac-
ity;
(4) assist the client and family with personal and
environmental difficulties which predispose toward
illness or interfere with the client obtaining maxi-
mum benefits from medical care; and
(5) assist the client and family in the utilization of
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651
PROPOSED RULES
appropriate community resources.
Statutory Authority G.S. 131E-140
.1107 IN-HOME AIDE SERVICES
(a) If an agency provides in-home aide services, the services
shall be provided in accordance with the client's plan of care.
(b) In-home aides shall follow instructions for client care
written by the professional required for the services provided.
In-home aide duties may include, but are not limited to the
following:
(1) help with prescribed exercises which the client and
in-home aides have been taught by appropriate
professional personnel;
(2) provide or assist with personal care (i.e., bathing,
care of mouth, skin and hair);
(3) assist with ambulation;
(4) assist client with self-administration of medications
which are ordered by a physician or other person
authorized by state law to prescribe;
(5) perform incidental household services which are
essential to the client's care at home; and
(6) record and report changes in the client's condition,
family situation or needs to the appropriate health
care professional.
Statutory Authority G.S. 13 IE- 140.
.1108 INFUSION NURSING SERVICES
(a) If an agency provides infusion nursing services, the
services shall be provided by or under the supervision of a
registered nurse with training in infusion services or special
training in the drug and nutritional therapies the agency offers,
as identified in agency policies, and in accordance with the
North Carolina Nursing Practice Act, G.S. Chapter 90, Article
9A, and a plan of care signed by a physician.
fb) — Infusion nursing duties include the following as a
minimum:
fH evaluate th e cli e nt's h e alth and p s ychosocial nc - ods;
f2-) regularly assess the nursing needs of the client;
(3) develop and implement the client's infusion nursing
plan of care;
f4-) toach and train th e cli e nt or car e giv e r to administ e r
drugs to the client, where applicab l e;
f£) assess and provide nursing care to the client's
administration sit e ; and
{&} dir e ctly administ e r m e dications to the cli e nt.
£bj fe) If an agency provides or arranges for infusion nursing
services, the agency shall provide provide, at least, on-call
infusion nursing services on a 24 hour hours basis, seven days
a week
(cj If the agency provides or contracts for infusion pharmacy
services there shall be policies and procedures governing the
scope of pharmacy services provided. Pharmacy services shall
be provided in accordance with the Pharmacy Laws of North
Carolina and related rules and shall be provided on a 24-hour
basis, seven days a week.
Statutory Authority G.S. 131E-140.
.1109 CLINICAL RESPIRATORY SERVICES,
INCLUDING PULMONARY, OR
VENTILATION SERVICES
(a) If an agency provides respiratory services pulmonary,
pulmonary rehabilitation or ventilation services, the services
shall be provided by or under the supervision of a respiratory
therapist or a registered nurse with demonstrated competency in
the delivery of respiratory services under a plan of care signed
by a physician. Within the agency's defined scope of service,
respiratory staff, including contractors, shall maintain an active
license, certification or registry and shall demonstrate proof of
education and experience sufficient for the safe delivery of
service.
(b) Pulmonary, pulmonary rehabilitation or ventilation
Clinical respiratory services H»y shall include the following:
(1) assess assessment of the client's ongoing need for
services; oxyg e n, oth e r medical goos e s and r e lat e d
equipment;
(2) teach and train client or caregivers to
self-administer home respiratory care m e dical
gass e s or r e spiratory procedures;
(3) toach and train client or caregivers about home
safety related to medical gassos and equipment;
collect laboratory specimens;
(4) coll e ct laboratory sp e oim e ns; and evaluate function-
ing of ventilator support equipment;
(5) evaluate functioning of ventilatory support equip
m e nt. infant monitors; and
(6) when ordered by a physician, administration of
aerosolized medication.
(c) If an agency provides these services, the agency shall
provide provid e , at l e ast, on-call respiratory e&fe services
emergency response on a 24 hour basis, seven days a week.
Statutory Authority G.S. 13 IE- 140.
.1110 SUPERVISION AND COMPETENCY OF
FN-HOME AIDES OR OTHER IN-HOME
CARE PROVIDERS
(a) In-home aides or other allied health personnel subject to
occupational licensing laws shall meet competency testing
requirements consistent with the appropriate occupational
licensing laws and regulations established by the appropriate
occupational licensing board. Each agency is responsible for
documenting that ks in-home aides and other in-home care
providers are competent to perform client care tasks or activities
to which they are assigned. These Such individuals shall be
sup e rvis e d by on appropriat e h e alth car e prof e ssional perform
delegated activities under the supervision of persons authorized
by state law to provide such supervision .
(b) Those in-home In home aides or other allied health
p e rsonn e l and other in-home care providers who are not subject
to occupational licensing laws shall only be assigned duti es
client care activities for which they have demonstrated compe
tency, competency, the documentation of which is maintained
652
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
by the agency. Meeting competency includes a correct demon-
stration of tasks to an a ppropriate professional. Each agency is
responsible for documenting that its in-home aides and other in-
home care providers correctly demonstrate competence for all
assigned client care tasks or activities. Such Those individuals
shall be supervised by an the appropriate professional e^-a
compet e nt, — appropriat e ly — train e d — paraprofeooional — who — is
supervised by an appropriate professional, who may further
delegate specific supervisory activities to a competent, appropri-
ately trained paraprofessional as designated by agency policy,
provided that the following criteria are met:
(1) there is continuous availability of the appropriate
professional for supervision and consultation; and
(2) accountability for supervisory activities delegated is
maintained by the appropriate professional.
(c) Respiratory practitioners who are not subject to occupa-
tional licensing laws shall only be assigned duties for which they
have demonstrated competency. Agencies that are providing
clinical respiratory care services must provide supervision under
the direction of a registered respiratory therapist, certified
respiratory therapy assistant, or a registered nurse with suffi-
cient education and clinical experience in the scope of the
services offered.
(d) fe) The appropriate supervisor shall supervise an in-home
aide or other allied health personnel care provider as specified
in Paragraphs (a) or (b) m of this Rule by making a supervisory
visit to each client's place of residence at least every three
months, with or without the in-home aide's or other allied
health personnel's care provider's presence, and at least
annually, while the in-home aid e or oth e r alli e d health personnel
care provider is providing care to each client.
(e) (d) A quarterly supervisory visit to the home of each
client, by the appropriate professional supervisor for each type
of in-home care provider as specified in Paragraphs (a) and (b)
« of this Rul e Rule, shall will meet the minimum requirement
for supervision of any and all in homo aides and any and all
other allied health personnel of the specified type of in-home
care providers who have provided service to the client within
the quarter. The supervisory visit will shall include review of
the client's general condition, progress and response to the
services provided by the in homo aide or other allied health
p e rsonn e l the specified type of in-home care provider . Wh e n
follow up sup e rvisory aotivity is n ee d e d with th e in homo aide
or othor allied health personnel to address any problems
identified during the supervisory visit, — follow up will be
provid e d dir e otly by th e sup e rvising prof e ssional or r e f e rr e d to
an appropriat e prof e ssional or paraprof e ssional sup e rvisor as
specified in Paragraphs (a) and (b) in this Rule.
(fj fe) An appropriate professional conducting supervi s ory
visits for the in hom e aid e or othor alli e d h e alth p e rsonn e l may
simultan e ously conduct tho quarterly cas e r e view as requir e d in
Rule . 1202(c) of this Subchapter. Documentation of supervisory
visits shall be maintained in the agency's records and shall
contain, at a minimum:
ill
date of visit;
findings of visit; and
signature of person performing the visit.
(g) ff) Documentation of supervisory visits shall bo main
tam e d in the agency's records. When follow-up corrective
action is needed for any or all of a specified type of in-home
care provider based on findings of the supervisory visit,
documentation of such corrective action by the a ppropriate
supervisor shall be maintained in the employee(s) or other
agency record.
(h) (g) Tho homo care agency must have continuous suporvi
sion available, on site whore services arc provided when
necessary , during th e hours that in homo aid e or oth e r alli e d
h e alth s e rvio e s are provided. An appropriate professional
conducting a supervisory visit for any and all of a specified type
of in-home care provider may simultaneously conduct the
quarterly case review as required in Rule . 1202 of this Subchap-
ter.
(i) The appropriate professional shall be continuously
available for supervision, on-site where services are provided
when necessary, during the hours that in-home care services are
provided.
Statutory Authority G.S. 131E-140.
.1111 ARRANGEMENTS FOR SERVICES WITH
OTHER AGENCIES OR INDIVIDUALS
(a) When a home care agency makes arrangements for
providing services through other agencies or individuals, or
where the home care agency contracts with a state or county
agency to provide licensed home care services, there shall be a
written agreement, signed by both parties which includes the
following:
(1) specific service to be provided;
(2) period of time the contract is to be in effect;
(3) availability of services;
(4) r e sponsibility for developm e nt of th e plan of oare
prior to notification of th e oliont;
(4) (5) financial arrangements;
(5) (6) verification that any individual providing service
is appropriately licensed or registered as required
by statute;
(6) (7-) provision for supervision of contract personnel
where applicable;
(7) f&) assurance that individuals providing services
under contractual arrangements meet the same
requirements as those specified for home care
agency personnel; and
(8) f£) provision for the documentation of services
rendered in the client's service r e oord. record;
(9) provision for the sharing of assessment and plan of
care data; and
(10) the geographic service area the contractor agrees to
serve.
(b) All contract services shall be provided in accordance with
the client's plan of care.
(c) The hom e oare agency shall assure that all contract
services are provided in accordance with the agreement.
Agreements are to be reviewed and updated, if necessary, on an
annual basis.
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PROPOSED RULES
[dj The agency who is subcontracting its work must maintain
or produce a complete home care record for the client.
Statutory Authority G.S. 131E-140.
.1112 HOME MEDICAL EQUIPMENT AND
SUPPLIES
If an agency provides medical supplies and equipment in
conjunction with home care services as defined in G.S. 13 1 E-
136(3), the agency shall have policies and procedures governing
their management. These policies shall address at the miru-
mum:
®
(4.
set-up, delivery, electrical safety and environmental
requirements for equipment.
proper cleaning and storage, preventive maintenance
and repair according to manufacturer's guidelines.
transportation, tracking, and recall of equipment to
meet all applicable regulatory requirements.
emergency preparedness and backup of systems for
equipment or power failure.
client instruction materials for each item of home
medical equipment or supplies provided.
Statutory Authority G.S. 13 IE- 140.
SECTION .1200
CASE REVIEW AND PLAN
OF CARE
.1201 POLICIES
An A hom e care agency shall have develop and implement
written policies and procedures for assuring to assure that
services and items to be provided are specified under a plan of
care.
Statutory Authority G.S. 131E-140.
.1202 CASE REVIEW AND PLAN OF CARE
(a) The plan of care is shall be established in collaboration
with the client and incorporated in the service record. The plan
of care must be reviewed at least every three months by the
appropriate agency professional and revised as needed based on
the client's needs. If the client record is thinned, the original
and updated authorization or orders for care as appropriate shall
be maintained in die current client's record. If physician orders
are needed for the services, a home care health professional
shall notify the physician of any changes in the client's condition
which indicate indicates the need for altering the plan of care or
for terminating services. Based upon the findings of the client
assessment, the plan of care shall include as at a minimum the
following -
(1) type of ser%ice<s) required and care to be delivered ;
(2) frequency of visits or hours and duration of service;
(3) activity restrictions;
(4) safety measures; and
(5) service objectives and goals.
(b) Where applicable, the plan of care shall include, include 3
but is not limited to:
(1) equipment required;
(2) functional limitations;
(3) rehabilitation potential:
(4) diet and nutritional needs;
(5) medications and treatments;
(6) specific therapies;
(7) pertinent diagnoses: and
(8) prognosis.
(c) So long as ongoing hands-on care is being provided to a
client, a registered nurse, social worker or other appropriate
professional shall visit the client m his their residence at least
quarterly to assess the client's general condition, progress and
response to services provided. Documentation of these visits
shall be maintained in the client's service record.
(d) If the same professional is assigned responsibility for two
or more of the following, these functions may be conducted
during the same home visit:
(1) quarterly assessment of client's condition and
response;
(2) provision of regularly scheduled professional
services: or
(3)
supervision of in-home aide or other allied health
personnel.
Statutory Authority G.S. 131E-140.
SECTION .1300 - PHARMACEUTICALS AND
MEDICAL TREATMENT ORDERS
.1301 POLICIES, PROCEDURES AND STAFF
RESPONSIBILrrY
If the home care agency administers any pharmaceuticals or
medical treatments, it shall have develop and implement policies
and procedures relative to the administration of drugs
pharmaceuticals and treatments. The policies shall specify staff
accountability for:
(1) recognizing side effects;
(2) recognizing toxic effects;
(3) recognizing allergic reactions;
(4) recognizing immediate desired effects;
(5) recognizing unusual and unexpected effects,
(6) recognizing changes in the client's condition that
contraindicates continued administration of the
medication;
(7) anticipating those effects which may rapidly endanger
a client's life or well-being; and
(8) notifying the physician of any problems.
Statutory Authority G.S. 131E-140.
.1302 ORDERS
(a) Orders for pharmaceuticals and medical treatments or
orders for in -home aide services when required, shall be signed
by the physician or other person authorized by State law to
prescribe such treatments and the original incorporated in the
client's senice records. Care may commence in the interim
with evidence of a verbal order.
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(b) Verba] orders for the administration of pharmacological
agents and other medical treatment interventions shall be given
to a licensed nurse, recorded and signed by the person receiving
it and countersigned by the physician or other person authorized
by State law to prescribe within two weeks 30 days .
(c) Verbal orders for allied health services other than nursing
or in-home aide services when required, shall be given to either
a licensed nurse or the appropriate health professional, recorded
in the client record and signed by the person receiving it and
countersigned by the physician or other person authorized by
State law to prescribe within two w ee ks 30 days from the time
given .
Statutory Authority G.S. 131E-140.
.1303 STAFF RESPONSIBILITY
(a) If a homo caro agency administers any pharmacouti ea4s-er
modioal treatments, ag e noy lio e ns e d nursing otaff ohall b e
rooponmbl e for ch e cking all medications and shall b e sp e cifically
accountable for:
(4} recognizing side offocts;
(3) recognizing toxio e ff e cts;
(3) recognizing all e rgio reactions;
(4) recognizing immediate desired offocts;
(3) recognizing unusual and unexpected offocts;
(6) r e oognizing chang e s in th e oli e nt's oondition that
eontraindioates oontinued administration of the
medication;
(7) anticipating those offocts which may rapidly ondan
g e r a oli e nt'o life or well b e ing; and
(&) notifying the physician of any probl e ms.
— (b) Agency licensed nursing 3taff shall instruct the client and
family members as necessary in following the drug rogimen
pr e scrib e d by th e physioian or oth e r p e rson authoriz e d by Stat e
law to pr e scrib e such r e gim e ns.
Statutory Authority G.S. 13 IE- 140.
SECTION .1400 - SERVICE RECORDS
.1401 REQUIREMENT
(a) The agency shall develop and implement written policies
governing content and handling of client records.
(b) {ft) The homo care agency shall maintain a service client
record for each client receiving services . Each page of the
client record shall have the client's name. All entries in the
record shall reflect the actual date of entry. Reference to any
activity which occurred on a date prior to the date of entry shall
be identified as a late or out of sequence entry. A system for
maintaining originals and copies must shall be d e fin e d described
in the agency policies and procedures.
(c) The agency shall assure that originals of service client
records are kept confidential and secure on the licensed
premises unless in accordance with Rule .0905 of this Subchap-
ter, or subpoenaed by a court of legal jurisdiction, or to conduct
an evaluation as required in Rule .1004 of this Subchapter.
(d) If a record is removed to conduct an evaluation, the
record shall be returned to the agency premises within five
working days. The agency shall maintain a sign out log that
includes to whom the record was released, client's name and
date removed.
(e) (d) A copy of the service client record for each client
rec e iving s e rvio e s must be readily available to the appropriate
health professional(s) providing services or managing the
delivery of such services.
(fj (o) Service Client records shall be retained for a period of
not less than five years from the date of the most recent
discharge of the client, unless the client is a minor in which
case the record must be retained until one year three years after
the client's 18th birthday. When an agency ceases operation,
the Department shall be notified in writing where the records
will be stored for the required retention period.
Statutory Authority G.S. 13 IE- 140.
.1402 CONTENT OF RECORD
(a) If the homo care agency is not providing services to a
client which require a physician's order, the service record shall
contain the following information as a minimum:
(1) Admission data:
(A) identification data such as name, address, tele-
phone number, date of birth, sex, marital status,
social security number; all information essential
to the identification of the client and a copy of the
signed client's right's form or documentation of
its delivery ;
(B) names of next of kin or legal guardian;
(C) names of other family members;
(D) source of referral; and
(E) assessment of home environment.
(2) Service data:
(A) initial assessments by appropriate professional of
the client's functional status in the areas of social,
mental, physical health, environmental, eco-
nomic, activities of daily living and instrumental
activities of daily living;
(B) identification of problems, the establishment of
goals and proposed intervention and indication of
the client's understanding of and a pproval for
services to be provided ;
(C) a record of all services provided, directly and by
contract, with entries dated and signed by the
individual providing the service; Records shall
include dates and times of services provision;
(D) discharge summary which includes an overall
summary of services provided by the agency and
the date and reason for discharge. When specific
service to a client is terminated and other services
continue, there shall be documentation of the date
and reason for terminating the specific service;
service; and
(E) evidence of coordination of services when the
client is receiving more than one home care
service.
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(b) If the homo care agency is providing services to a client
which require a physician's order, the service record shall
include as at a minimum all of the items described in Paragraph
(a) of this Rule and the following items:
(1) Admission data:
(A) admission and discharge dates from hospital or
other institution when applicable; and
(B) names of physician(s) responsible for the client's
care.
(2) Service data:
(A) client's diagnoses; and
(B) physician's orders for pharmaceuticals and medi-
cal troatmonta, treatments; and
(C) If the agency is providing services to a hospital or
nursing facility patient, the agency's record shall
include at a minimum the following items:
(i) referral information;
(ii) dates and times of services; and
(iii) documentation of services provided.
Statutory Authority G.S. 131E-140.
*******************
SECTION .0900 - DAY TREATMENT
FACILITIES FOR INDrVTDUALS WHO
ARE SUBSTANCE ABUSERS
.0901 SCOPE
(a) Day treatment services aro day/night 3orvico3 provided in
a group s e tting for individuals) with substanc e abuoo probl e ms.
A day tr e atm e nt facility shall only provid e d e toxifioation
sorviccfl if the f a cility also moots the rcquiromcnta of 10 NCAC
1 4 N .0 4 00.
(b) Day tr e atm e nt io presided for individuals who nood more
structur e d tr e atm e nt for substanc e abus e than that provid e d by
outpatient treatment, and may sorvo as an alternative to a 2 4
hour treatment program. — Day treatment services, other than
d e toxifioation. — shall — hav e s tructured — programs. — including
individual, group, and family couns e ling, recreational th e rapy,
peer group s , s ubstance abuse education, life skills education,
and continuing care planning.
f-&) — A cli e nt e nroll e d in a day tr e atm e nt sorvioo shall bo
provid e d a structured program of tr e atm e nt for a minimum of
five hours or more per week. — The number of hours per day,
tho number of days per week, and the number of weeks of
tr e atm e nt will vary sp e cific to the individual oli e nt'o noodo.
Notice is hereby given in accordance with G.S. 150B-21.2
that the Commission for MH/DD/SAS intends to repeal
rules cited as 10 NCAC 14N .0901 - .0905: 18J .0507 - .0511 ;
18K.0262 - .0263; 18L .0601 - .0607; 18N .0601 - .0605; 18N
.0801 - .0709; and 180 .0517- .0524.
Proposed Effective Date: May 1, 1996.
Instructions on How to Demand a Public Hearing (must be
requested in writing within 15 days of notice): Anyone who
wishes to demand a public hearing should contact Charlotte
Tucker, Division of Mental Health, Developmental Disabilities
and Substance Abuse Services, 325 N. Salisbury St. , Raleigh,
NC 27603, 919-733-4774 by August 14, 1995.
Reason for Proposed Action: To repeal above-referenced
rules and to include content in a newly proposed Subcliapter 10
NCAC 14V, subject to public hearing on Augi4st 7, 1995.
Comment Procedures: Any interested person may present
comments by submitting a written statement to Charlotte Tucker,
Division of MH/DD/SAS, 325 N. Salisbury St., Raleigh, NC
27603. These comments will be accepted through August 14,
1995.
Fiscal Note: Tfwse Rules do not affect the expenditures or
revenues of local government or state funds.
CHAPTER 14 - MENTAL HEALTH: GENERAL
Statutory Authority G.S. 122C-26; 143B-147.
.0902 HOURS OF OPERATION FOR THE DAY
TREATMENT FACILrTY
Each day treatment facility shall operate at least throe days por
week, but not fewer than 12 hours per week, 12 months per
Statutory Authority G.S. 122C-26; 143B-147.
.0903 STAFF REQUIRED
fa} — Tho staff of th e day treatm e nt facility shall include a
minimum of one full time or equivalent certified alcoholism,
drug abuse or substance abuse counselor for every 16 or fowor
cl ie nts.
(b) If th e facility falls b e low th e pr e scribed ratio in Paragraph
(a) of this Rule, and cannot moot the proscribed ratio by
employing a counselor who is certified, then it may employ an
unc e rtified couns e lor as long as thi s individual meets tho
c e rtification r e quir e m e nts within a maximum of 26 months from
the date of employment.
(c) In facilities which provide service s to minors, a minimum
of two staff m e mb e rs shall b e pr e sent with minor cli e nts at all
tim e s, and a minimum ratio of on e staff m e mb e r to each eight
or fewer clients shall be maintained. — In the event that only one
minor client is in the facility, only one s taff mombcr is required
to b e pr ese nt.
Statutory Authority G.S. 122C-26; 143B-147.
SUBCHAPTER 14N - LICENSURE RULES
FOR SUBSTANCE ABUSE FACILITIES
.0904 STAFF TRAINING
fa-) — Each facility s taff m e mb e r shall hav e a training plan
completed annually and documented along with documentation
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PROPOSED RULES
of attendance at training events.
(b) Eaoh faoility Ghall have at least on e otnff memb e r on duty
train e d in th e following areas:
{ij oardio pulmonary resuscitation;
f2) soizuro management;
0) the H e imlioh man e uv e r or oth e r R e d Cross first aid
techniques for reli e ving airway obstructions;
(4) basic first aid;
{§) alcohol and other drug withdrawal symptoms;
(6) modioation e ducation and administration; and
f£) symptoms of secondary complications du e to
alcoholism and drug addiction.
(e) — Each direct care staff mombor shall receive continuing
oduoation to includ e und e rstanding of th e natur e of addiotion,
th e withdrawal syndrom e , group therapy, family th e rapy and
other treatment methodologies.
(d) Each direct care staff mombor in a day treatment facility
that s e rvos minors shall r e ceiv e sp e cializ e d training in youth
development and thorap e utio techniques in working with youth.
Statutory Authority G.S. 122C-26; 143B-147.
.0905 EMERGENCY MEDICAL SERVICES
Each facility shall have and implement written procedures for
handling medical emergencies. Those procedures shall include
provisions for the following:
(4-) imm e diato aoooss to a physioian;
(3) acute caro hospital services; and
(3) assistance from a local ambulanco sorvico, rescue
squad, or oth e r train e d m e dioal p e rsonn e l within 20
minut e s of th e facility.
Statutory Authority G.S. 122C-26; 143B-147.
CHAPTER 18 - MENTAL HEALTH: OTHER
PROGRAMS
SUBCHAPTER 18J - AREA PROGRAM
MANAGEMENT STANDARDS
SECTION .0500 - INTERAGENCY/
COMMUNITY RELATIONS
.0507 SCOPE
Each area program should establish interagency relationships
with oth e r local human s e rvio e ag e nci e s, inoluding its contraot
ag e noi e s, to assure a compr e hensive syst e m of services for
individuals who are mentally ill, mentally retarded or substance
abusers. In addition, activities to acquaint the community and
oth e r ag e noi e s with the needs of, and s e rvio e s for, individuals
s e rved by the area program is e ss e ntial. The standards in this
Section apply to area programs only.
Statutory Authority G.S. 143B-147.
.0508 CONSULTATION SERVICES
Each area program shall have the capacity to provide consul
tation services which shall include caso, program and adminis -
trativ e consultation to eontraot ag e noi e s and to other s e rvio e
provid e rs.
Statutory Authority G.S. 143B-147.
,0509 PUBLIC INFORMATION AND
OUTREACH SERVICES
Eaoh area program shall provide public information and
outreaoh services whioh shall bo designed to promote oommu
nit)' awar e ness of s e rvio e s available through th e area program.
Statutory Authority G.S. 143B-147.
.0510 AGREEMENT WITH LOCAL SCHOOL
UNITS
Each area program shall develop a written agreement with any
local school administrativ e unit wh e n e duoation related oorvioos
for childr e n with sp e cial n ee ds ar e jointly provid e d.
Statutory Authority G.S. 115C-363; 143B-147.
.0511 DISASTER RELIEF PLANNING
Each area program shall document efforts to participate in
local disaster relief planning.
Statutory Authority G.S. 143B-147.
SUBCHAPTER 18K - CONTRACT AGENCY
MANAGEMENT STANDARDS
SECTION .0200 - FISCAL SERVICES
.0262 SCOPE
Th e standards in this S e otion apply to oontraot ag e noi e s only.
Statutory Authority G.S. 122-35.49; 143B-147.
.0263 COMPLIANCE WITH DrVlSION
REGULATIONS
Each contract agency shall comply with all applicable portions
of th e Division's rul e s r e lating to fiooal management as oodifiod
in 10 NCAC HC S e ctions . 1000 and . 1 100 and 10 NCAC HD
.0006 and contained in Section 25 of the "Area Program
Budgeting and Procedures Manual" (division publication APSM
75 1), adopt e d pursuant to G.S. 150B H(o).
Statutory Authority G.S. 122C-141; 122C-142; 143B-147.
SUBCHAPTER 18L - PROGRAM COMPONENT
OPERATIONAL STANDARDS
SECTION .0600 - CLIENT ELIGD3ILITY
.0601 SCOPE
The standards in this Section apply to each component of the
area program and its contract agencios.
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PROPOSED RULES
Statutory Authority G.S. 143B-147.
.0602 SCREENING
(a) — Tho governing body of each component ahull develop
written policieo establishing a systematic means of screening
each individual at initial contact by int e rvi e wing th e individual
to det e rmine th e individual's need for s e rvic e s.
fb} — Tho policy shall designate who is deemed qualified to
make screening determination s .
Statutory Authority G.S. 143B-147.
.0603 SERVICE PURPOSE AND ELIGIBILITY
REQUIREMENTS
Tho governing body shall dev e lop and impl e m e nt writt e n
policieo that address the purpose for each service provided and
the client eligibility requirements.
Statutory Authority G.S. 143B-147.
.0604 CROSS-REFERENCE TO CLIENT FEE
FOR SERVICE
Tho gov e rning body of each component not subj e ct to
licensure under G.S. 122C. Article 2 shall comply with the
provisions of 10 NCAC 1 4 K .0309.
Statutory Authority G.S. 122C-146; 143B-147.
.0605 GEOGRAPHICAL AREA
The governing body of e ach compon e nt shall d e v e lop writt e n
polici e s specifying th e g e ographical areas from which individu
als will be admitt e d.
Statutory Authority G.S. 143B-147.
.0606 WArriNG LISTS
The governing body of each component shall develop written
polici e s oonc e ming waiting lists.
Statutory Authority G.S. J43B-147.
.0607 EXPLANATION OF PROGRAM RULES
AND POLICIES
Each component shall make ita client eligibility rules and
policies available for review by potential clients, families or
oth e r int e rest e d individuals or ag e nci e s.
Statutory Authority G.S. 143B-147.
SUBCHAPTER 18N - OPTIONAL SERVICES
FOR INDIVIDUALS OF ALL DISABILITY
GROUPS
SECTION .0600 - PERSONAL ASSISTANCE
.0601 SCOPE
<*) — Personal assistance is a service which provides aid to a
client who has mental illness, developmental disabilities or
substance abuoo so that th e cli e nt can e ngag e in activiti e s and
interactions from which th e cli e nt would otherwise bo limited o f
excluded because of a disability or disabilities. — Tho assistance
includes:
<4^ assistance in p e rsonal or regular living activities in
th e client's homo;
f3} support in skill development; or
(3) support and accompaniment of the client in regular
community activities or in specialized treatm e nt.
habilitation or rehabilitation s e rvio e programs.
fb} — If these Rules are in conflict with Medicaid rules or
Medicare regarding Personal Care, and Medicaid or Medicare
is to b e bill e d, th e n the Medicaid or Medicare rul e s shall
prevail.
Statutory Authority G.S. 143B-147.
.0602 HOUSrNG REVIEW
(a) When personal assistance for a client includes providing
service in the client's home, one of the purposes of the service
is to assess tho saf e ty and sanitation of th e hom e with th e cli e nt.
fb-) — If th e saf e ty or sanitation is in qu e stion, it shall b e
brought to the attention of the client and the professional
responsible for the trcatment^habilitation or case management of
th e cli e nt, so that th e situation can b e discussed as a part of th e
r e gular treatm e nt'Tiabilitation or cas e manag e m e nt planning
process.
Statutory Authority G.S. 143B-147.
.0603 STAFF TRAINTNG
Indi' i iduals who arc employed to provide personal assistance
shall hav e :
f4-) at l e ast a high school diploma or its e quival e nt; and
f2} special training regarding the needs of the specific
client for whom assistance will bo provided.
Statutory Authority G.S. 143B-147.
.0604 SUPERVISION OF STAFF
(a) P e rsonal assistanc e shall be provid e d und e r th e direction
of a sup e rvisor who is a qualifi e d prof e ssional as d e fin e d in 10
NCAC — 1 4 K .0103 and incorporated by reference. — Vm%
incorporation by reference includes subsequent amendments and
e ditions of th e ref e renced mat e rial.
(b) When a specific cli e nt's disability ' - is diff e rent from that
for which the supervisor is trained, the personal assistance
employee shall have access to consultation from a qualified
prof e ssional who is train e d in a disciplin e relat e d to th e cli e nt's
needs.
Statutory Authority G.S. 143B-147.
.0605 EMERGENCY PRECAUTIONS
Instead of the instructions set forth in 10 NCAC 18L .0805.
individual s emp l oyed to provide personal assistance shall be
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NORTH CAROLINA REGISTER
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PROPOSED RULES
specifically informed in oach pergonal assistance arrangement
regarding oaf e ty precautions and 24 hour e m e rg e ncy proo e
Statutory Authority G.S. 143B-147.
SECTION .0700 - SUPERVISED LIVING
.0701 SCOPE
(a) Supervised living io a r e sid e ntial oorvioo an defin e d in 10
NCAC HO .0701. oxoept that th e s e rvio e io provid e d to on e
adult client.
(&) — Any rule which is incorporated by reference in this
Section ohall inoludo oubo e qu e nt am e ndments and e ditions of th e
rofor e nood mat e rial.
Statutory Authority G.S. 143B-147.
.0702 CROSS-REFERENCE TO HOURS
OF OPERATION
Each supervised living servioe shall comply with the hours of
op e ration delineated in 10 NCAC HO .0702.
Statutory Authority G.S. 143B-147.
.0703 CROSS-REFERENCE TO STAFF
REQUIREMENTS
Each supervised living service shall comply with the staff
requirements delineated in 10 NCAC 1 4 .070 4 (a) and (b).
Statutory Authority G.S. 143B-147.
.0704 SPECIAL STAFFING REQUIREMENTS
Individuals who provid e s e rvic e s to a cli e nt in a supervised
living arrang e m e nt shall r e o e iv e training r e l e vant to the needs
of the client served.
Statutory Authority G.S. 143B-147.
.0705 CROSS-REFERENCE TO MEDICAL
STATEMENT
Eaoh sup e rvis e d living s e rvio e shall oomply with th e m e dioal
stat e m e nt requirem e nts d e lin e at e d in 10 NCAC HO .0706.
Statutory Authority G.S. 143B-147.
.0706 CROSS-REFERENCE TO SERVICE
COORDINATION
Each supervised living service shall comply with the service
coordination r e quir e m e nts d e lin e at e d in 10 NCAC HO .0707.
Statutory Authority G.S. 143B-147.
.0707 CROSS-REFERENCE TO PROGRAM
ACTIVITIES
Each supervised living service shall comply with the program
activities requirements delineated in 10 NCAC 1 4 .0708.
Statutory Authority G.S. 143B-147.
.0708 CROSS-REFERENCE TO CLIENT
TRAFNTNG EM HEALTH AND SAFETY
Each supervised living service shall comply with the training
in h e alth and safety requirem e nts d e lin e at e d in 10 NCAC HO
.0709.
Statutory Authority G.S. 143B-147.
.0709 CROSS-REFERENCE TO PARTICIPATION
OF FAMILY OR OTHERS
Each supervised living service shall oomply with 10 NCAC
HO .0710 regarding participation of family or th e l e gally
r e sponsibl e p e rson.
Statutory Authority G.S. 143B-147.
SUBCHAPTER 180 - OPTIONAL SERVICES
FOR INDrVIDUALS WHO ARE SUBSTANCE
ABUSERS
SECTION .0500 - TREATMENT ALTERNATIVES
STREET CRIMES (TASC) FOR INDrVIDUALS
WHO ARE SUBSTANCE ABUSERS
.0517 SCOPE
(ft) — Treatment alternatives to street crimes (TASC) is a
support ser v ice designed to offer a supervised community based
alternativ e to inoaro e ration or pot e ntial inoaro e ration primarily
to individuals who ar e alcohol or oth e r drug abus e rs but also to
individuals who are mentally ill or mentally retarded and who
are involved in crimes of a non violent nature.
(b) — This servioe provid e s a liaison b e tw ee n th e criminal
justio e syst e m and aloohol and oth e r drug tr e atm e nt and
educational services. — It provides screening, identification,
evaluation, referral and monitoring of aloohol or other drug
abus e rs for th e criminal justio e syst e m.
Statutory Authority G.S. 143B-147.
.0518 POPULATION SERVED
Eaoh TASC program ohall b e d e sign e d to s e rv e individuals
who have a documented substance abuse problem and who are
involved in orimos of a nonviolent nature.
Statutory Authority G.S. 122C-57; 143B-147.
.0519 STAFF QUALIFICATIONS
(a) Eaoh staff member s hall hav e a baooalaur e at e d e gre e in
e ith e r criminal justio e or human s e rvic e r e lat e d fi e lds or an
associate in arts degree with four years' experience in criminal
justice or human servioe related fields.
(b) TASC personn e l shall reo e iv e continuing e duoation in th e
following ar e as:
fH the physiological, sociological and psychological
correlates of substance abuse;
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PROPOSED RULES
01 substance abugo treatment;
Q) judioial and politioal ioouoo relat e d to oubotano e
abus e ; and
(4) substance abuse treatment and rehabilitation re
sources.
Statutory Authority G.S. 122C-57; 143B-147.
.0520 SCREENING AND IDENTIFICATION
Each TASC program ohall provid e to the criminal justic e
system ooroening and id e ntification for prospectiv e cli e nts.
Statutory Authority G.S. 122C-57; 143B-147.
.0521 EVALUATION
Bach TASC program shall conduct or secure an assessment
or evaluation for each prospective client referred from the
criminal justic e syst e m.
Statutory Authority G.S. 122C-57; 143B-147.
.0522 REFERRAL
Each TASC program ohall ref e r e ach oliont to substanc e abus e
treatment or to an educational program based on the preliminary
assessment of his substance abuse dysfunction.
Statutory Authority G.S. 122C-57; 143B-147.
.0523 MONITORING/REPORTING
Each TASC program shall dev e lop and impl e m e nt a monitor -
ing and r e porting proo e dur e for e aoh cli e nt.
Statutory Authority G.S. 122C-57; 143B-147.
.0524 SUCCESS/FAILURE CRITERIA
Each TASC program shall establish and implement a written
sot of criteria to measure client success or failure, including
readmisoion orit e ria.
Statutory Authority G.S. 122C-57; 143B-147.
******************
Notice is hereby given in accordance with G.S. 150B-21.2
that the Department of Human Resources/Division of
Medical Assistance intends to amend rule cited as 10 NCAC 26B
.0110.
Proposed Effective Date: October 1, 1995.
A Public Hearing will be conducted at 1:30 p.m. on August
15, 1995 at the N.C. Division of Medical Assistance, 1985
Umstead Drive, Kirby Building, Room 132, Raleigh, NC.
Reason for Proposed Action: (I) Elimination of the submittal
of the Ambulance Call Report (ACR)for claims processing of
ambulance claims. (2) Elimination of the state specific ambu-
lance claim form to the UB-92 claim form.
Comment Procedures: Written comments concerning this rule-
making action must be submitted by August 15, 1995 to:
Division cf Medical Assistance, 1985 Umstead Drive, Raleigh,
NC 27603, Attn: Portia Rochelle. APA Coordinator. Oral
comments may be presented at the hearing. A fiscal note
statement is available upon written request from the same
address.
Fiscal Note: This Rule does not affect the expenditures or
revenues of local government or state funds.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26B - MEDICAL
ASSISTANCE PROVIDED
SECTION .0100 - GENERAL
.0110 AMBULANCE SERVICES
(a) Reimbursement for ambulance services shall be made
only for transportation to the nearest appropriate facility
(hospital, nursing home, or intermediate care facility), doctor's
office or clinic that provides medical services.
(b) Services provided by an ambulance provider under the
Medicaid program must be demonstrated to be medically
necessary and are subject to limitations described herein.
Medical necessity is indicated when the patient's condition is
such that any other means of transportation would endanger the
patient's health. Ambulance transportation is not considered
medically necessary when any other means of transportation can
be safely utilized.
(c) Emergency ambulance transportation is for the client to
receive immediate and prompt medical services arising in an
emergency situation. Emergency transportation to a physicians'
office is covered only if all the following, conditions are met:
(1) The patient is enroute to a hospital.
(2) There is medical need for a professional to stabilize
the patient's condition.
(3) The ambulance continues the trip to the hospital
immediately after stabilization.
(d) Non-emergency ambulance transportation to and from a
physician directed office, clinic, or other medical facility in
which the individual is an inpatient is covered in the following
situation:
(1) Medical necessity is indicated when the use of other
means of transportation is medically contraindicated
because it would endanger the patient's health.
This refers to clients who require transport by
stretcher.
(2) Client is in need of medical services that cannot be
provided in the place of residence.
(3) Return transportation from a facility which has
capability of providing total care for every aspect of
injury or disease to a facility which has fewer
resources to offer highly specialized care.
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fe) — When claiming Medicaid reimbursement, providers of
ambulance services must submit documentation to show that
ambulance oorvio e o wore m e dically n e cessary. — At a minimum
the documentation must include:
(4} Proper completion of claim form with recipient's
m e dical condition d e scrib e d in suffici e nt d e tail to
demonstrate that transportation by any oth e r m e ans
would be medically inappropriate.
(2) Legible copy of ambulance call — report which
indicat e s purpose for transport, tr e atm e nts and
pati e nt's r e spons e .
(£) Sufficient description of patient's condition to
justify — that patient could only — be — moved by
str e tch e r.
(e) In order to claim Medicaid reimbursement, providers of
ambulance services must be able to document that ambulance
services were medically necessary.
(1) The UB-92 claim form must describe the recipi-
ent's medical condition at the time of transport by
using appropriate condition codes to demonstrate
that transportation by any other means would be
medically inappropriate.
(2) A legible copy of the ambulance call report to
support the condition codes used must be kept on
file by the provider for five years which indicates:
the purpose for transport,
the treatments,
(A)
m
mi
the patient's response, and
the patient's condition that sufficiently justifies
transport by stretcher was medically necessary.
(f) Prior approval is required for non-emergency transporta-
tion for recipients to receive out-of-state services or to return to
North Carolina or nearest appropriate facility.
Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.170.
TITLE 15A - DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2
that the EHNR - Environmental Management Commission
intends to amend rules cited as 15 A NCAC 2B .0303. .0308 -
.0310, .0315 and .0316.
Proposed Effective Date: November 1. 1995.
Instructions on How to Demand a Public Hearing (must be
requested in writing within 15 days of notice): Any person may
request the Environmental Management Commission conduct a
public hearing on the proposed reclassification by submitting a
written request for a public hearing, postmarked no later titan
July 29. 1995 to Suzanne Hoover, Division of Environmental
Management, Water Quality Section, P.O. Box 29535, Raleigh,
NC 27626-0535. The request for the public hearing must
specify which rule for which the hearing is being requested.
Reason for Proposed Action: To reclassify surface waters in
the Little Tennessee, Catawba, Yadkin-Pee Dee, Lumber, and
Neuse River Basins to protect these waters ' use for primary
recreational activities and to identify an unnamed tributary in
the classification listing for the Tar-Pamlico River Basin.
Comment Procedures: All persons interested in the proposed
rule amendments are encouraged to submit written comments.
Comments must be postmarked by August 14, 1995, and
submitted to Suzanne Hoover, Division of Environmental
Management, Water Quality Section, P.O. Box 29535, Raleigh,
NC 27626-0535.
Fiscal Note: These Rules do not affect the expenditures or
revenues of local government or state funds.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2B - SURFACE WATER
STANDARDS: MONITORING
SECTION .0300 - ASSIGNMENT OF
STREAM CLASSDJICATIONS
.0303 LITTLE TENN RIVER BASIN AND
SAVANNAH RTVER DRAINAGE AREA
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Clay County
Graham County
Jackson County
Macon County
Swain County
Transylvania County
(2) North Carolina Department of Environment,
Health, and Natural Resources
Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville, North Carolina
fb) Unnamed Streams. Such streams entering Georgia or
Tennessee will be classified "C Tr." Such streams in the
Savannah River drainage area entering South Carolina will be
classified "B Tr. "
(c) The Little Tennessee River Basin and Savannah River
Drainage Area Schedule of Classifications and Water Quality
Standards was amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) January 1, 1990;
(8) July 1, 1990;
(9) August 1. 1990;
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661
PROPOSED RULES
(10) March 1, 1991;
(11) August 3, 1992;
(12) February 1, 1993;
(13) August 1, 4994r 1994;
(14) November 1, 1995.
(d) The Schedule of Classifications of Water Quality Stan-
dards for the Little Tennessee Basin and Savannah River
Drainage Area was amended effective March 1, 1989 as
follows:
(1) Nantahala River (Index No. 2-57) from source to
the backwaters of Nantahala Lake and all tributary
waters were reclassified from Class B-trout, Class
C-trout and Class C to Class B-trout ORW, Class
C-trout ORW and Class C ORW.
(2) Chattooga River (Index No. 3) including Scotsman
Creek, Overflow Creek, Big Creek, Talley Mill
Creek and all tributary waters were reclassified
from Class B-trout, Class C-trout and Class C to
Class B-trout ORW, Class C-trout ORW and Class
C ORW and Clear Creek and all tributary waters
were reclassified from Class C-trout and Class C to
Class B-trout and Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective January 1, 1990 as
follows:
(1) North Fork Coweeta Creek (Index No. 2-10-4) and
Falls Branch (Index No. 2-10-4-1) were reclassified
from Class C to Class B.
(2) Bumingtown Creek (Index No. 2-38) was reclassi-
fied from C-trout to B-trout.
(0 The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective July 1, 1990 by the
reclassification of Alarka Creek (Index No. 2-69) from source
to Upper Long Creek (Index No. 2-69-2) including all tributar-
ies from Classes C and C Tr to Classes C HQW and C Tr
HQW.
(g) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective March 1, 1991 as
follows:
(1) Cartoogechaye Creek [Index Nos. 2-19-(l) and
2-19-(16)] from Gibson Cove Branch to bridge at
U.S. Hwy. 23 and 441 and from the bridge at U.S.
Hwy. 23 and 441 to the Little Tennessee River was
reclassified from Classes WS-III Tr and C Tr to
Classes WS-III and B Tr and B Tr respectively.
(2) Coweeta Creek (Index Nos. 2-10) from its source
to the Little Tennessee River including all tributar-
ies except Dryman Fork (Index No. 2-10-3) and
North Fork Coweeta Creek (Index No. 2-10-4) was
reclassified from Classes C and C Tr to Classes B
and B Tr.
(h) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective August 3, 1992
with the reclassification of all water supply waters (waters with
a primary classification of WS-I, WS-II or WS-IU). These
waters were reclassified to WS-I, WS-II, WS-III, WS-IV or
WS-V as defined in the revised water supply protection rules,
(15A NCAC 2B .0100, .0200 and .0300) which became
effective on August 3, 1992. In some cases, streams with
primary classifications other than WS were reclassified to a WS
classification due to their proximity and linkage to water supply
waters In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(i) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area has been amended effective February 1 ,
1993 as follows:
(1) Bearwallow Creek from its source to 2.3 miles
upstream of the Toxaway River [Index No. 4-7-(l)]
was revised to indicate the application of an addi-
tional management strategy (referencing 15A
NCAC 2B .0201(d) to protect downstream waters;
and
(2) the Tuckaseegee River from its source to Tennessee
Creek [Index No. 2-79-(0.5)] including all tributar-
ies was reclassified from Classes WS-HI&B Tr
HQW, WS-m HQW and WS-DJ to Classes WS-IU
Tr ORW and WS-IU ORW.
(j) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective August 1, 1994
with the reclassification of Deep Creek [Index Nos. 2-79-63-d)
and 2-79-63-(16)] from its source to the Great Smokey Moun-
tains National Park Boundary including tributaries from Classes
C Tr, B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr
CA.
(k) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective November l± 1995
as follows:
(1) Deep Creek from the Great Smoky Mountains
National Park Boundary to the Tuckaseegee River
[Index no. 2-79-63-(21)l was reclassified from
Class C Tr to Class B Tr; and
(2) the Tuckaseegee River from the West Fork
Tuckaseegee River to Savannah Creek and from
Macks Town Branch to Cochran Branch [Index
Nos. 2-79-(24), 2-79-(29.5) and 2-79-(38)l was
reclassified from Classes WS-III Tr, WS-III Tr CA
and C to Classes WS-IU&B Tr, WS-III&B Tr CA
and B.
Statutory Authority'
143-2 15. 3(a)(1).
G.S.
143-214.1;
143-215. 1;
.0308 CATAWBA RIVER BASIN
(a) Places where the schedules may be inspected:
(1) Clerk of Court:
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Alexander County
Avery County
Burke County
Caldwell County
Catawba County
Gaston County
Iredell County
Lincoln County
McDowell County
Mecklenburg County
Union County
Watauga County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Mooresville Regional Office
919 North Main Street
Mooresville, North Carolina
(B) Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville, North Carolina
(b) Unnamed Streams. Such streams entering South Carolina
are classified "C"
(c) The Catawba River Basin Schedule of Classifications and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) August 12, 1979;
(3) April 1, 1982;
(4) January 1, 1985;
(5) August 1, 1985;
(6) February 1, 1986;
(7) March 1, 1989;
(8) May 1, 1989;
(9) March 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) July 1, 4995^ 1995;
(14) November 1, 1995.
(d) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
March 1, 1989 as follows:
(1) Wilson Creek (Index No. 1 1-38-34) and all tribu-
tary waters were reclassified from Class B-trout
and Class C-trout to Class B-trout ORW and Class
C -trout ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
May 1, 1989 as follows:
(1) Henry Fork [Index Nos. 11-129-1-(1) and
ll-129-l-(2)] from source to Laurel Creek, includ-
ing all tributaries, were reclassified from Class
WS-I, C and C trout to Class WS-I ORW, C ORW
and C trout ORW, except Ivy Creek and Rock
Creek which will remain Class C trout and Class
C.
(2) Jacob Fork [Index Nos. ll-129-2-(l) and
1 1-129-2-(4)] from source to Camp Creek, includ-
ing all tributaries, were reclassified from Class
WS-ffl trout and WS-ffl to WS-ffl trout ORW and
ws-m ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
March 1, 1990 as follows:
(1) Upper Creek [Index No. ll-35-2-(l)] from source
to Timbered Branch including all tributaries except
Timbered Branch (Index No. 11-35-2-9) was
reclassified from Class C Trout to Class C Trout
ORW.
(2) Steels Creek [Index No. 11-35-2-12(1)] from
source to Little Fork and all tributaries was reclas-
sified from Class C Trout to Class C Trout ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-D or
WS-ni). These waters were reclassified to WS-I, WS-D, WS-
m, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
April 1, 1994 as follows:
(1) Friday Lake (Index No. 11-125.5) from its source
to Little Paw Creek was reclassified from Class C
to Class B.
(2) The Linville River [Index No. 12-29-(l)] from
Grandmother Creek to Linville Falls was reclassi-
fied from Class C Tr to Class B Tr.
(i) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
July 1, 1995 with the reclassification of Clark Creek from a
point 0.6 mile downstream of Catawba County SR 2014 to 0.4
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)],
and Howards Creek from its source to 0.7 mile upstream of
Lincoln County State Road 1200 [Index No. 11-129^],
including associated tributaries from Class WS-IV to Classes C
and WS-IV.
(j) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
November L. 1995 with the reclassification of the Catawba
River (Lake Hickory) from Rhodhiss dam to highway 321
rindex No. 1 H51 fl from Class WS-IV CA to Class WS-IV&B
CA.
Statutory Authority
143-21 5. 3(a)(1).
G.S. 143-214.1; 143-215.1;
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663
PROPOSED RULES
.0309 YADKIN-PEE DEE RIYTiR BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Alexander Count},
Anson County
Cabarrus Count)'
Caldwell County
Davidson County
Davie County
Forsyth County
Guilford County
Iredell County
Mecklenburg Counts
Montgomery County
Randolph County
Richmond Counts'
Rowan County
Stanly Count)'
Stokes Counts
Surry County
Union County
Watauga County
Wilkes County
Yadkin Count)'
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Mooresville Regional Office
919 North Main Street
Mooresville. North Carolina
(B) Winston-Salem Regional Office
8025 North Point Boulevard, Suite 100
Winston-Salem, North Carolina
(C) Fayettesille Regional Office
Wachovia Building
Suite 714
Fayettesille. North Carolina
(D) Asheville Regional Office
Interchange Building
59 Woodfih Place
Asheville, North Carolina
(b) Unnamed Streams. Such streams entering Virginia are
classified "C," and such streams entering South Carolina are
classified "C".
(c) The Yadkin-Pee Dee Riser Basin Schedule of Classifica-
tions and Water Quality Standards was amended effective:
(1) February 12. 1979;
(2) March 1, 1983:
(3) August 1. 1985;
(4) February 1. 1986;
(5) October 1, 1988;
(6) March 1. 1989;
(7) January 1. 1990:
(8) August 1, 1990;
(9) January 1, 1992;
(10) April 1, 1992;
(11) August 3. 1992:
(12) December 1. 1992:
(13) April 1, 1993:
(14) September 1. 1994;
(15) August 1. 4995r 1995;
(16) Nosember 1. 1995.
(d) The Schedule of Classifications and Water Quality
Standard for the Yadkin-Pee Dee Riser Basin has been amended
effective October 1. 1988 as follows:
(1) Mitchell River [Index No. 12-62-U)] from source
to mouth of Christian Creek (North Fork Mitchell
Riser) including all tributaries has been reclassified
from Class B Tr to Class B Tr ORW.
(2) Mitchell River [Index No. 12-62-<7)] from mouth
of Christian Creek (North Fork Mitchell Ris-er) to
Surry Count)' SR 1315 including all tributaries has
been classified from Class C Tr to C Tr ORW.
except Christian Creek and Robertson Creek which
will be reclassified from Class B Tr to Class B Tr
ORW.
(3) Mitchell River [Index No. 12-62-(12)] from Surry
Count)' SR 1315 to mouth of South Fork Mitchell
Riser including all tributaries from Class C to Class
C ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective March 1. 1989 as follows:
(1) Elk Creek [Index Nos. 12-24-U) and 12-24-(10)]
and all tributary waters were reclassified from
Class B-trout. Class C-trout and Class B to Class
B-trout ORW, Class C-trout ORW and Class B
ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee Riser Basin was amended
effective January 1. 1990 as follows: Barnes Creek (Index No.
13-2-18) was reclassified from Class C to Class C ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee Ris-er Basin has been
amended effective January 1, 1992 as follows:
( 1 ) Little River [Index Nos. 13-25-(10) and 13-25-{19)]
from Suggs Creek to Densons Creek has been
reclassified from Classes WS-1TI and C to Classes
WS-ffl HQW and C HQW.
(2) Densons Creek [Index No. 13-25-20-(l)] from its
source to Troy's Water Supply Intake including all
tributaries has been reclassified from Class WS-HJ
to Class WS-m HQW.
(3) Bridgers Creek (Index No. 13-25-24) from its
source to the Little Riser has been reclassified from
Class C to Class C HQW.
(h) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee Riser Basin was amended
effective April 1. 1992 with the reclassification of the North
Prong South Fork Mitchell Riser from Class C to Class C
Trout.
(i) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee Riser was amended effective
August 3, 1992 with the reclassification of all water supply
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NORTH CAROLINA REGISTER
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PROPOSED RULES
waters (waters with a primary classification of WS-I, WS-II or
WS-ffl). These waters were reclassified to WS-I, WS-II, WS-
III, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(j) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin has been
amended effective December 1, 1992 as follows:
(1) Pike Creek (Index No. 12-46-1-2) was reclassified
from Class C Tr to Class C Tr HQW;
(2) Basin Creek (Index No. 12-46-2-2) was reclassified
from Class C Tr to Class C Tr ORW;
(3) Bullhead Creek (Index No. 12-46A-2) was reclassi-
fied from Class C Tr to Class C Tr ORW;
(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was
reclassified from Class Tr to Class C Tr ORW; and
(5) Widows Creek (Index No. 12-46-4-4) was reclassi-
fied from Class C Tr HQW to Class C Tr ORW.
(k) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin has been
amended effective September 1, 1994 as follows:
(1) Lanes Creek [Index Nos 13-17-40-(l) and 13-17-
40-(10.5)] from its source to the Marshville water
supply dam including tributaries was reclassified
from Classes WS-II and WS-II CA to Class WS-V.
(2) The South Yadkin River [Index Nos. 12-108-(9.7)
and 12-108-(15.5)] from Iredell County SR 1892 to
a point 0.7 mile upstream of the mouth of Hunting
Creek including associated tributaries was reclassi-
fied from Classes WS-V, C and WSTV to Classes
WS-V, WS-IV, C and WS-IV CA.
(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)]
from a point 0.3 mile upstream of the mouth of
Elkin Creek (River) to the Town of King water
supply intake including associated tributaries was
reclassified from Classes C and WS-IV to Classes
WS-IV and WS-IV CA.
(4) The Yadkin River [Index Nos. 12-(80.5), 12-(81.5)
and 12-(84.5)] from the Town of King water
supply intake to the Davie County water supply
intake reclassified from Classes C, B, WSTV and
WS-V to Classes WS-IV, WS-IV&B and WS-IV
CA.
(1) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin has been
amended effective August 1, 1995 as follows: Bear Creek
[Index Nos. 12-108-18-(3), 12-108-18-(3.3)], Little Bear Creek
[Index No. 12-108-18-2], and Blue Branch [Index No. 12-108-
18-2-1] were reclassified from WS-II and WS-II CA (Critical
Area) to C and WS-IV.
(m) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective November L. 1995 with the identification of an
unnamed tributary with three segments: from its source to the
backwaters of Burner Mill Pond [Index No. 1 2-79. 5-( 1)1
classified as WS-IV; Burner Mill Pond flndex No. 12-79.5(2)1
classified as WS-PV&B; and from the dam at Burner Mill Pond
to the Yadkin River flndex No. 12-79.5(3)1 classified as WS-
IV.
Statutory Authority
143-21 5. 3 (a)(1).
G.S. 143-214.1; 143-215.1;
,0310 LUMBER RIVER BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Bladen County
Brunswick County
Columbus County
Cumberland County
Hoke County
Montgomery County
Moore County
Richmond County
Robeson County
Scotland County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Fayetteville Regional Office
Wachovia Building
Suite 714
Fayetteville, North Carolina
(B) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(b) Unnamed Streams. Such streams entering South Carolina
are classified "C Sw".
(c) The Lumber River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) April 12, 1981;
(5) April 1, 1982;
(6) February 1, 1986;
(7) July 1. 1990;
(8) August 1, 1990;
(9) August 3, 4993t 1992;
(10) November 1, 1995.
(d) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
July 1, 1990 by the reclassification of Naked Creek (Index No.
14-2-6) from source to Drowning Creek including all tributaries
from Class WS-ffl to Class WS-ffl ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
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665
PROPOSED RULES
waters (waters with a primary classification of WS-I, WS-D or
WS-UD. These waters were reclassified to WS-I, WS-D, WS-
III, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases.
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(jQ The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
November 1, 1995 by the reclassification of the Lumber River
from 2.0 miles upstream of highway 401 to a point 0.5 mile
upstream of Powell Branch [Index Nos. 14-(3), 14-(4), 14-
(4.5),14-(7) and 14-( 10.3)1 from Classes WS-IV Sw HQW,
WS-IV Sw HOW CA and C Sw HQW to Classes WS-IV&B
Sw HOW, WS-IV&B Sw HOW CA and B Sw HQW.
Statutory Authority G.S. 143-214.1; 143-215.1;
143-215. 3(a)(1).
.0315 NEUSE RIVER BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Beaufort County
Carteret County
Craven County
Durham County
Franklin County
Granville County
Greene County
Johnston County
Jones County
Lenoir County
Nash County
Orange County
Pamlico County
Person County
Pitt County
Wake County
Wayne County
Wilson County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina
(C) Wilmington Regional Office
127 Cardinal Drive
Wilmington, North Carolina
fb) The Neuse River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) August 9, 1981;
(5) January 1, 1982;
(6) April 1, 1982;
(7) December 1, 1983;
(8) January 1, 1985;
(9) August 1, 1985;
(10) February 1, 1986;
(11) May 1, 1988;
(12) July 1, 1988;
(13) October 1, 1988;
(14) January 1, 1990;
(15) August 1, 1990;
(16) December 1, 1990;
(17) July 1, 1991;
(18) August 3, 1992;
(19) April 1, 4994r 1994;
(20) November 1, 1995.
(c) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
July 1, 1988 as follows:
(1) Smith Creek [Index No. 27-23-(l)] from source to
the dam at Wake Forest Reservoir has been reclas-
sified from Class WS-ffl to WS-I.
(2) Little River [Index No. 27-57-(l)] from source to
the N.C. Hwy. 97 Bridge near Zebulon including
all tributaries has been reclassified from Class
ws-m to WS-I.
(3) An unnamed tributary to Buffalo Creek just up-
stream of Robertson's Pond in Wake County from
source to Buffalo Creek including Leo's Pond has
been reclassified from Class C to B.
(d) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
October 1, 1988 as follows:
(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index
No. 27-34-(l)]. Lake Johnson and Lake Raleigh
have been reclassified from Class WS-UI to Class
ws-in & b.
(2) Haw Creek (Camp Charles Lake) (Index No.
27-86-3-7) from the backwaters of Camp Charles
Lake to dam at Camp Charles Lake has been
reclassified from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
January 1, 1990 as follows:
( 1 ) Neuse-Southeast Pamlico Sound ORW Area which
includes all waters within a line beginning at the
southwest tip of Ocracoke Island, and extending
north west along the Tar-Pamlico River Basin and
Neuse River Basin boundary line to Lat. 35 degrees
06' 30", thence in a southwest direction to Ship
Point and all tributaries, were reclassified from
Class SA NSW to Class SA NSW ORW.
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PROPOSED RULES
(2) Core Sound (Index No. 27-149) from northeastern
limit of White Oak River Basin (a line from Hall
Point to Drum Inlet) to Pamlico Sound and all
tributaries, except Thorofare, John Day Ditch were
reclassified from Class SA NSW to Class SA NSW
ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
December 1, 1990 with the reclassification of the following
waters as described in (1) through (3) of this Paragraph.
(1) Northwest Creek from its source to the Neuse
River (Index No. 27-105) from Class SC Sw NSW
to Class SB Sw NSW;
(2) Upper Broad Creek [Index No. 27-106-(7)] from
Pamlico County SR 1 103 at Lees Landing to the
Neuse River from Class SC Sw NSW to Class SB
Sw NSW; and
(3) Goose Creek [Index No. 27- 107 -(1 1)] from Wood
Landing to the Neuse River from Class SC Sw
NSW to Class SB Sw NSW.
(g) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective July
1, 1991 with the reclassification of the Bay River [Index No.
27-150-(l)] within a line running from Flea Point to the
Hammock, east to a line running from Bell Point to Darby
Point, including Harper Creek, Tempe Gut, Moore Creek and
Newton Creek, and excluding that portion of the Bay River
landward of a line running from Poorhouse Point to Darby
Point from Classes SC Sw NSW and SC Sw NSW HQW to
Class SA NSW.
(h) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I. WS-I] or
WS-UT). These waters were reclassified to WS-I, WS-D, WS-
III, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(i) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
April 1, 1994 as follows:
(1) Lake Crabtree [Index No. 27-33-(l)] was reclassi-
fied from Class C NSW to Class B NSW.
(2) The Eno River from Orange County State Road
1561 to Durham County State Road 1003 [Index
No. 27-10-06)] was reclassified from Class WS-IV
NSW to Class WS-IV&B NSW.
(3) Silver Lake (Index No. 21-A3-5) was reclassified
from Class WS-ffl NSW to Class WS-HI&B NSW.
(j) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
November f, 1995 with the reclassification of an unnamed
tributary to Hannah Creek (Tuckers Lake) [Index No. 27-52-6-
0.51 from Class C NSW to Class B NSW.
Statutory Authority
143-2 15. 3(a)(1).
G.S. 143-214.1; 143-215.1;
.0316 TAR-PAMLICO RIVER BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Beaufort County
Dare County
Edgecombe County
Franklin County
Granville County
Halifax County
Hyde County
Martin County
Nash County
Pamlico County
Person County
Pitt County
Vance County
Warren County
Washington County
Wilson County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina
(b) Unnamed Streams. All drainage canals not noted in the
schedule are classified "C Sw," except the main drainage canals
to Pamlico Sound and its bays which will be classified "SC."
(c) The Tar-Pamlico River Basin Schedule of Classification
and Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) November 1, 1978;
(3) June 8, 1980;
(4) October 1, 1983;
(5) June 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) August 1, 1988;
(9) January 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 4994r 1994;
(13) November 1, 1995.
(d) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective August 1, 1988 as follows:
(1) Tar River (Index No. 28-94) from a point 1.2 miles
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667
PROPOSED RULES
downstream of Broad Run to the upstream side of
Tranters Creek from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective January 1, 1990 by the reclassification of Pamlico
River and Pamlico Sound [Index No. 29-(27)] which includes
all waters within a line beginning at Juniper Bay Point and
running due south to Lat. 35° 18' 00", long. 76° 13' 20",
thence due west to lat. 35° 18' 00", long 76° 20' 00", thence
northwest to Shell Point and including Shell Bay, Swanquarter
and Juniper Bays and their tributaries, but excluding the
Blowout, Hydeland Canal, Juniper Canal and Quarter Canal
were reclassified from Class SA and SC to SA ORW and SC
ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective January 1, 1990 by adding the supplemental classifica-
tion NSW (Nutrient Sensitive Waters) to all waters in the basin
from source to a line across Pamlico River from Roos Point to
Persimmon Tree Point.
(g) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective August 3, 1992 with the reclassification of all water
supply waters (waters with a primary classification of WS-I,
WS-II or WS-m). These waters were reclassified to WS-I,
WS-II, WS-IJJ, WS-IV or WS-V as defined in the revised water
supply protection rules, (15A NCAC 2B .0100, .0200 and
.0300) which became effective on August 3, 1992. In some
cases, streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective April 1, 1994 with the reclassification of Blounts
Creek from Herring Run to Blounts Bay [Index No. 29-9-1 -(3)]
from Class SC NSW to Class SB NSW.
(i) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective November h, 1995 with the addition of Huddles Cut
(previously unnamed in the schedule) classified as SC NSW
with and Index No. of 29-25.5.
Statutory Authority
143-2 15. 3 (a)(1).
G.S. 143-214.1; 143-215.1;
Notice is hereby given in accordance with G.S. 150B-21.2
that the EHNR - Environmental Management Commission
intends to amend rule cited as 15 A NCAC 2B .0308.
Proposed Effective Date: February 1. 1996.
A Public Hearing will be conducted at 7:00 p.m. on Septem-
ber 7, 1995 at the McDowell County Admin. Bldg. , 10 East
Court Street, Marion, NC.
Reason for Proposed Action: To reclassify surface waters in
tlte Catawba River Basin to protect their primary recreational
Comment Procedures: Comments, statements, data and other
information can be submitted in writing prior to, during or after
the hearing but no later than October 7, 1995. Verbal com-
ments may be presented at the public hearing. The Hearing
Officer may limit the length of time that you may speak so that
all those who wish to speak may have an opportunity to do so.
Written comments should be submitted to Suzanne Hoover,
Division of Environmental Management, P. O. Box 29535,
Raleigh, NC 27626-0535.
Fiscal Note: 77iLs- Rule does not affect the expenditures or
revenues of local government or state funds.
SECTION .0300 - ASSIGNMENT OF
STREAM CLASSIFICATIONS
.0308 CATAWBA RTVER BASIN
(a) Places where the schedules may be inspected:
(1) Clerk of Court:
Alexander County
Avery County
Burke County
Caldwell County
Catawba County
Gaston County
Iredell County
Lincoln County
McDowell County
Mecklenburg County
Union County
Watauga County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Mooresville Regional Office
919 North Main Street
Mooresville, North Carolina
(B) Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville, North Carolina
(b) Unnamed Streams. Such streams entering South Carolina
are classified "C".
(c) The Catawba River Basin Schedule of Classifications and
Water Quality Standards was amended effective:
(1) March 1, 1977:
(2) August 12, 1979;
(3) April 1, 1982;
(4) January 1, 1985;
(5) August 1, 1985;
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NORTH CAROLINA REGISTER
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PROPOSED RULES
(6) February 1. 1986;
(7) March 1, 1989;
(8) May 1, 1989;
(9) March 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) July 1,4995. 1995;
(14) November 1, 1995;
(15) February 1, 1996.
(d) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
March 1, 1989 as follows:
(1) Wilson Creek (Index No. 11-38-34) and all tribu-
tary waters were reclassified from Class B-trout
and Class C-trout to Class B-trout ORW and Class
C-trout ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
May 1, 1989 as follows:
(1) Henry Fork [Index Nos. 11-129-1-0) and
1 1-129-H2)] from source to Laurel Creek, includ-
ing all tributaries, were reclassified from Class
WS-I, C and C trout to Class WS-I ORW, C ORW
and C trout ORW, except Ivy Creek and Rock
Creek which will remain Class C trout and Class
C.
(2) Jacob Fork [Index Nos. ll-129-2-(l) and
1 1-129-2-{4)] from source to Camp Creek, includ-
ing all tributaries, were reclassified from Class
WS-m trout and WS-ffl to WS-ffl trout ORW and
ws-m ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
March 1, 1990 as follows:
(1) Upper Creek [Index No. 1 l-35-2-(l)] from source
to Timbered Branch including all tributaries except
Timbered Branch (Index No, 11-35-2-9) was
reclassified from Class C Trout to Class C Trout
ORW.
(2) Steels Creek [Index No. 11-35-2-12(1)] from
source to Little Fork and all tributaries was reclas-
sified from Class C Trout to Class C Trout ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-U or
WS-UJ). These waters were reclassified to WS-I, WS-U, WS-
HI, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
April 1, 1994 as follows:
(1) Friday Lake (Index No. 1 1-125.5) from its source
to Little Paw Creek was reclassified from Class C
to Class B.
(2) The Linville River [Index No. 12-29-(l)] from
Grandmother Creek to Linville Falls was reclassi-
fied from Class C Tr to Class B Tr.
(i) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
July 1, 1995 with the reclassification of Clark Creek from a
point 0.6 mile downstream of Catawba County SR 2014 to 0.4
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)],
and Howards Creek from its source to 0.7 mile upstream of
Lincoln County State Road 1200 [Index No. 11-129-*],
including associated tributaries from Class WS-IV to Classes C
and WS-IV.
(J) Note: Paragraph (J) is proposed in another rulemaking
notice also published in this Issue.
(k) The Schedule of Classifications and Water Quality
Standards for the Catawba River Basin was amended effective
February \± 1996 with the reclassification of the North Fork
Catawba River Rndex No. 11-24-0)1 from Laurel Branch to
Armstrong Creek from Class C Tr to Class B Tr
Statutory Authority
143-2 15. 3(a)(1).
G.S.
143-214. 1; 143-215. 1;
******************
Notice is hereby given in accordance with G.S. 150B-21.2
that the EHNR - Environmental Management Commission
intends to amend rule cited as 15 A NCAC 2B .0315.
Proposed Effective Date: February 1, 1996.
A Public Hearing will be conducted at 7:00 p. m. on Septem-
ber 11, 1995 at the Craven County Courthouse, Superior
Courtroom. 302 Broad Street, New Bern, NC
Reason for Proposed Action: To reclassify surface waters in
the Neuse River Basin to protect the waters ' use for primary
recreational activities.
Comment Procedures: Comments, statements, data and other
information can be submitted in writing prior to, during or after
the hearing but no later than October 11, 1995. Verbal
comments may be presented at the public hearing. The Hearing
Officer may limit the length of time that you may speak so that
all those who wish to speak may have an opportunity to do so.
Written comments should be submitted to Suzanne Hoover,
Division of Environmental Management, P. O. Box 29535,
Raleigh, NC 27626-0535.
Fiscal Note: This Rule does not affect the expenditures or
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NORTH CAROLINA REGISTER
July 14, 1995
669
PROPOSED RULES
revenues of local government or state funds.
SECTION .0300 - ASSIGNMENT OF
STREAM CLASSIFICATIONS
.0315 NEUSE RIVER BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Beaufort County
Carteret County
Craven County
Durham County
Franklin County
Granville County
Greene County
Johnston County
Jones County
Lenoir County
Nash County
Orange County
Pamlico County
Person County
Pitt County
Wake County
Wayne County
Wilson County
(2) North Carolina Department of Environment,
Health, and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina
(C) Wilmington Regional Office
127 Cardinal Drive
Wilmington, North Carolina
(b) The Neuse River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980:
(4) August 9, 1981;
(5) January 1, 1982;
(6) April 1, 1982;
(7) December 1, 1983;
(8) January 1. 1985;
(9) August 1, 1985;
(10) February 1. 1986;
(11) May 1, 1988;
(12) July 1, 1988;
(13) October 1. 1988;
(14) January 1, 1990;
(15) August 1. 1990;
(16) December 1, 1990;
(17) July 1, 1991;
(18) August 3, 1992;
(19) April 1, 4994t 1994;
(20) November 1, 1995;
(21) February 1, 1996.
(c) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
July 1, 1988 as follows:
(1) Smith Creek [Index No. 27-23-0)] from source to
the dam at Wake Forest Reservoir has been reclas-
sified from Class WS-ffl to WS-I.
(2) Little River [Index No. 27-57-(l)] from source to
the N.C. Hwy. 97 Bridge near Zebulon including
all tributaries has been reclassified from Class
WS-IJJ to WS-I.
(3) An unnamed tributary to Buffalo Creek just up-
stream of Robertson's Pond in Wake County from
source to Buffalo Creek including Leo's Pond has
been reclassified from Class C to B.
(d) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
October 1. 1988 as follows:
(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index
No. 27-34-(l)]. Lake Johnson and Lake Raleigh
have been reclassified from Class WSTII to Class
ws-m & b.
(2) Haw Creek (Camp Charles Lake) (Index No.
27-86-3-7) from the backwaters of Camp Charles
Lake to dam at Camp Charles Lake has been
reclassified from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended effective
January 1, 1990 as follows:
( 1 ) Neuse-Southeast Pamlico Sound ORW Area which
includes all waters within a line beginning at the
southwest tip of Ocracoke Island, and extending
north west along the Tar-Pamlico River Basin and
Neuse River Basin boundary line to Lat. 35 degrees
06' 30". thence in a southwest direction to Ship
Point and all tributaries, were reclassified from
Class SA NSW to Class SA NSW ORW.
(2) Core Sound (Index No 27-149) from northeastern
limit of White Oak River Basin (a line from Hall
Point to Drum Inlet) to Pamlico Sound and all
tributaries, except Thorofare, John Day Ditch were
reclassified from Class SA NSW to Class SA NSW
ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
December 1, 1990 with the reclassification of the following
waters as described in (1 ) through (3) of this Paragraph.
(1) Northwest Creek from its source to the Neuse
River (Index No. 27-105) from Class SC Sw NSW
to Class SB Sw NSW;
(2) Upper Broad Creek [Index No. 27-106-(7)] from
Pamlico County SR 1 103 at Lees Landing to the
Neuse River from Class SC Sw NSW to Class SB
Sw NSW; and
(3) Goose Creek [Index No. 27-107-( 1 1)] from Wood
670
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
Landing to the Neuse River from Class SC Sw
NSW to Class SB Sw NSW.
(g) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective July
1, 1991 with the reclassification of the Bay River [Index No.
27-150-(l)] within a line running from Flea Point to the
Hammock, east to a line running from Bell Point to Darby
Point, including Harper Creek, Tempe Gut, Moore Creek and
Newton Creek, and excluding that portion of the Bay River
landward of a line running from Poorhouse Point to Darby
Point from Classes SC Sw NSW and SC Sw NSW HQW to
Class SA NSW.
(h) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-UI). These waters were reclassified to WS-I, WS-II, WS-
m, WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(i) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
April 1, 1994 as follows:
(1) Lake Crabtree [Index No. 27-33-0)] was reclassi-
fied from Class C NSW to Class B NSW.
(2) The Eno River from Orange County State Road
1561 to Durham County State Road 1003 [Index
No. 27-10-06)] was reclassified from Class WS-IV
NSW to Class WS-IV&B NSW
(3) Silver Lake (Index No. 27-43-5) was reclassified
from Class WS-UI NSW to Class WS-III&B NSW.
(j) Note: Paragraph (j) is proposed in another rulemaking
notice also published in this Issue.
(k) The Schedule of Classification and Water Quality
Standards for the Neuse River Basin was amended effective
February 1± 1996 with the reclassification of the Neuse River
flndex No. 27 -(96)1 from the Streets Ferry bridge to a line
across the river from Johnson Point to McCotter Point from
Class SC Sw NSW to Class SB Sw NSW.
Statutory Authority
143-215. 3(a)(1).
G.S.
143-214.1;
143-215.1;
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER 48 - BOARD OF
PHYSICAL THERAPY EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2
that the North Carolina Board of Physical Therapy
Examiners intends to adopt rules cited as 21 NCAC 48D .001 1;
48G .0501 - .0516, .0601; 48H .0701 - .0704; amend 48C
.0103; 48D .0006; 48E .0110; 48F .0002; and repeal 48D
.0008; 48H .0104.
Temporary; Rule (21 NCAC 48E .0110) was filed as a
temporary amendment effective July 21 , 1995 for a period of
180 days or until the permanent rule becomes effective, which-
ever is sooner.
Proposed Effective Date: October 1, 1995.
A Public Hearing will be conducted at 2:00 p. m. on August
10, 1995 at the NC Board of Physical Therapy Examiners, 18
West Colony Place, Suite 120, Durham, NC 27705.
Reason for Proposed Action:
21 NCAC 48D .0011; 48G .0501-.0516; 48G .0601; 48H
.0701-. 0704 - To adopt rules for contested case hearings,
disciplinary actions and the adoption of rules. To adopt a rule
for applicants with special needs.
21 NCAC 48C .0103; 48D .0006; 48E .0110; 48F .0002 - To
amend rides on fees, notification of examination results,
prohibited practice and foreign trained physical therapists to
make them consistent with current practice.
21 NCAC 48D .0008; 48H .0104 - To repeal rules no longer
needed.
Comment Procedures: Interested persons may present their
views either orally or in writing at the hearing. In addition , the
record of hearing will be open for receipt of written comments
from July 14, 1995 to 5:00 p.m. on August 14, 1995. Such
written comments must be delivered or mailed to Constance W.
Peake, North Carolina Board of Physical Therapy Examiners,
18 West Colony Place, Suite 120, Durham, NC 27705.
Fiscal Note: These Rules do not affect the expenditures or
revenues of local government or state funds:
SUBCHAPTER 48C - SCOPE OF PHYSICAL
THERAPY PRACTICE
SECTION .0100 - PHYSICAL THERAPISTS
.0103 PROHIBrTED PRACTICE
(a) A physical therapist is prohibited from employing acts,
tests, procedures, treatments and modalities in the treatment of
patients that are beyond the scope of the practice of physical
therapy. Any patient whose condition requires medical
diagnosis of disease or treatment beyond the scope of physical
therapy must be referred to a licensed medical doctor or dentist.
(b) A physical therapist may not permit any person working
under his or her supervision to engage in acts or practices
beyond the scope allowed by the Physical Therapy Practice Act
or these Rules.
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July 14, 1995
671
PROPOSED RULES
(c) Physical therapy does not include the application of
roentgen rays or radioactive materials, but this does not prevent
a physical therapist from reviewing x-rays.
(d) A physical therapist is prohibited from financially
compensating any person, firm or corporation for referring a
patient to the physical therapist.
(e) A physical therapist is prohibited from receiving financial
compensation solely for referring a patient to any person, firm
or corporation.
(f) A physical therapist is prohibited from soliciting a patient
by direct personal contact within 90 days after the patient
sustains an injury or suffers the onset of disease or infirmity.
Statutory Authority G.S. 90-270.24; 90-270.26; 90-270.35.
SUBCHAPTER 48D - EXAMINATIONS
.0006 NOTIFICATION OF EXAMINATION
RESULTS
(a) Individuals. All applicants will be notified in writing of
the results of the examination.
(b) North Carolina Educational Programs. After each
examination the North Carolina educational programs that had
graduates taking the examination in North Carolina will be sent
scores, but identification numbers and names will not be
included. The North Carolina passing level and th e cumulativ e
for the examination will be included.
Statutory Authority G.S. 90-270.26.
.0008 LICENSED PERSONS TAKING THE
EXAMINATION
If a physical therapist w ho is already licensed in the state by
m e ans oth e r than a FT exam d e sires to tak e a PT e xam, h e may
do s o at th e current cost of th e e xamination providing h e s e nds
a written requeot to the executive secretary stating his reason for
wanting to take the examination.
documents must be in English or accompanied by an English
translation.
(b) Supporting Documents. In addition to the other require-
ments of this Section and G.S. 90-270.30, each foreign-trained
applicant must submit the following:
(1) If the applicant has been graduated from a physical
therapy educational program, a certification of
physical therapy education is to be submitted
directly to the Board.
(2) If the applicant does not meet the requirements of
(b)(1) of this Rule, the Board will examine the
applicant's educational background to determine if
the general college and professional instruction is
substantially equivalent to that of a United States
physical therapy educational program. At a mini-
mum, 120 semester hours of college education is
required, which includes a minimum of 57 semester
hours of professional curriculum, including basic
health sciences, clinical sciences and clinical educa-
tion. It is the responsibility of the applicant to
make arrangements with a credentialing service
acceptable to the Board to have the credentials
evaluated. The Board will make its own review of
applicant's educational program and is not bound
by the findings of the credentialing senice.
(3) Proof acceptable to the Board that a minimum
score of 210 has been obtained on the TSE (Test of
Spoken English) or the SPEAK (Speaking Profi-
ciency English Assessment Kit) examination admin-
istered prior to July 1^ 1995, or for examinations
administered on or after July 1, 1995 a minimum
score of 45 will be required on the TSE examina-
tion, or that English is the applicant's native lan-
guage.
Statutory Authority G.S. 90-270.26; 90-270.29; 90-270.30;
90-27031.
Statutory Authority G.S. 90-270.26; 90-270.33.
.0011 APPLICANTS WITH SPECIAL NEEDS
Examination candidates who need special accommodations for
the examination as a result of a medical or physical dysfunction
should file an Accommodation Request Form and supporting
documentation with the executive secretary at least 60 days
before the examination date.
Statutory Authority G.S. 90-270.60; P.L. 101-336.
SUBCHAPTER 48E - APPLICATION FOR
LICENSURE
SECTION .0100 - REQUIREMENTS
0110 FOREIGN-TRAINED PHYSICAL
THERAPISTS
(a) English Translations. All application forms and supporting
SUBCHAPTER 48F - CERTIFICATES: FEES:
INVESTIGATIONS: RECORDS OF LICENSEES
.0002 FEES
(a) The following fees are charged by the Board:
(1) application for physical therapist licensure:
(A) by endorsement or examination taken in another
state, one hundred dollars ($100.00):
(B) by examination, one hundred dollars ($100.00)
plus cost of examination;
(C) by revival of lapsed license pursuant to 21 NCAC
48G .02O3(2)(a), one hundred dollars ($100.00)
plus cost of examination:
(D) by revival of lapsed license pursuant to 21 NCAC
48G .0203(2)(b). one hundred dollars ($100.00);
(2) application for physical therapist assistant licensure:
(A) by endorsement or examination taken in another
state, ninety dollars ($90.00):
(B) by examination, ninety dollars ($90.00) plus cost
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of examination:
(C) by revival of lapsed license pursuant to 21 NCAC
48G .0203(2)(a), ninety dollars ($90.00) plus cost
of examination;
(D) by revival of lapsed license pursuant to 21 NCAC
48G .0203(2)(b), ninety dollars ($90.00);
(3) renewal for all persons, forty dollars ($40.00),
(4) penalty for late renewal, twenty dollars ($20.00)
plus renewal fee;
(5) revival of license lapsed less than five years,
twenty-five dollars ($25.00) plus renewal fee;
(6) transfer of licensure information fee, including
either the examination scores or licensure verifica-
tion or both, fifteen dollars ($15.00);
(7) retake examination, thirty dollars ($30.00) plus
actual cost of examination;
(8) certificate replacement or duplicate, fifteen dollars
($15.00);
(9) directory of licensees, five dollars ($5.00);
(10) computer print-out or labels of any portion of list of
physical therapists, sixty dollars ($60.00);
(11) computer print-out or labels of any portion of list of
physical therapist assistants, sixty dollars ($60.00);
(12) processing fee for returned checks, maximum
allowed by law.
(b) The application fee is not refundable. The Board shall
consider written requests for a refund of other fees based on
personal or economic hardship.
(c) A certified check or money order is required for payment
of application fees listed in Parts (a)(1)(A), (B), (C), (D), and
(2)(A), (B), (C), and (D) of this Rule.
Statutory Authority G.S. 25-3-512; 90-270.33.
SUBCHAPTER 48G - RETENTION OF LICENSE
SECTION .0500 - CONTESTED CASE
HEARINGS
.0501 RIGHT TO HEARING
When the Board acts or proposes to act,
other than in
manner
rulemaking or declaratory ruling proceedings, in a
which will affect the rights, duties, or privileges of a specific,
identifiable person, such person has the right to a contested case
hearing. When the Board proposes to act in such a manner, it
shall give any such affected person notice of right to a hearing
personally or by mailing by certified mail to the last address
provided to the Board a notice of the proposed action and a
notice of a right to a hearing.
for a hearing.
(b) Any person substantially affected or aggrieved by the
Board's action or proposed action must file a request for a
contested case hearing in the Board's office so that it is received
by the Board within 30 days of the date such person receives
notice of the Board's action or proposed action. For purposes
of this Rule, "notice" is given by the Board and received by the
person.
(1) for an action taken or proposed to be taken by the
entire Board, on the date notice of such action is
personally delivered to or is mailed by the Board to
the person at the last address provided to the Board;
(2) for an action proposed by a committee of the
Board, including a probable cause or investigatory
committee, from the date the proposed resolution,
proposal for settlement, or other proposed action is
personally delivered to or is mailed to the person at
the last known address provided to the Board.
Provided, however, that if within 15 days of receipt
of such notice the person proposes in writing to
continue informal negotiations to settle the matters
at issue, the Board or its committee handling such
matter may, in its discretion, agree to toll the
running of the 30 day period or extend the 30 day
period on such terms as the Board deems appropri-
ate;
(3) for any person substantially affected by a decision
of the Board concerning licensure, including an
approval or rejection of an application form for
licensure, or the failure to renew or reinstate a
license, from the date notice of such decision is
personally delivered to or is mailed to the person at
the last address provided to the Board.
(c) To request a contested case hearing, the person shall
submit a request bearing the following notations to the Board's
office: REQUEST FOR CONTESTED CASE HEARING.
The request shall contain the following information:
(1) name and address of the petitioner,
(2) a concise statement of the action taken by the Board
which is challenged,
(3) a concise statement of the way in which the peti-
tioner has been aggrieved, and
(4) a clear and specific statement of request for a
hearing.
(d) The request will be acknowledged promptly and, if
deemed appropriate by the Board in accordance with Rule .0503
of this Section, a hearing will be scheduled.
Statuton- Authority G.S. 90-270.26; 150B-38.
Statutory Authority G.S. 90-270.26; 150B-38.
.0502 REQUEST FOR HEARING
(a) When a person believes that his or her rights, duties, or
privileges have been substantially affected by the Board's action
without notice of a right to a contested case hearing being
provided, that person may file with the Board a formal request
.0503 GRANTING OR DENYING HEARING
REQUEST
(a) The Board will grant a request for a hearing if it deter-
mines that the party requesting the hearing is a "person ag-
grieved" within the meaning of G.S. 150B-2(6).
fb) The denial of a request for a hearing will be issued
immediately upon decision, and in no case later than 60 days
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PROPOSED RULES
after the submission of the request. Such denial shall contain a
statement of the reasons leading the Board to deny the request.
(c) Approval of a request for a hearing will be signified by
the issuing of a notice as required by G.S. 150B-38(b) and
explained in Rule .0505 of this Section.
Statutory Authority G.S. 90-270.26; 150B-38.
.0504 COMPLAINTS AND INVESTIGATIONS
(a) In order to file a complaint with the Board, the following
information should be submitted to the Board in writing:
(1) name and address of person alleged to have vio-
lated Physical Therapy Practice Act;
(2) succinct statement of conduct giving rise to com-
plaint;
(3) name, address and telephone number of complain-
ant.
(b) Upon receipt of a written complaint alleging misconduct
that might subject a licensee to disciplinary action, or upon the
receipt of confirmation that a violation of the Physical Therapy
Practice Act has occurred, the Board may investigate such
matter to determine whether probable cause exists to institute
formal disciplinary proceedings.
(c) The Executive Secretary of the Board and a member
appointed by the Chair shall serve as a probable cause or
investigating committee. This committee may be assisted by the
Board's attorney or investigator or by a former member of the
Board retained for the purpose of such investigation.
(d) The probable cause committee shall investigate the
complaint. The committee shall determine whether or not there
is probable cause to believe that the licensee has violated any
statute or board rule which would justify a disciplinary hearing.
If the committee determines that such probable cause exists, the
committee may confer with the licensee in an attempt to settle
the matter through informal means. If the committee and the
licensee reach an agreement on the disposition of the matter
under investigation, the committee may cause to be drafted a
proposed settlement agreement, which may include proposed
findings of fact, conclusions of law, and a consent order, for
presentation to and consideration by the Board. Such settlement
agreement shall be presented to and approved by the licensee
before they are presented to the Board for consideration and
approval.
(e) If the probable cause committee and the licensee are not
able to settle the matter under investigation by informal means,
the licensee may request a contested case hearing pursuant to
Rule .0502 of this Section or the Board may give notice of a
disciplinary or contested case hearing, if required.
(f) If probable cause is found, but it is determined that a
disciplinary hearing is not warranted, the committee may
recommend that the Board issue a reprimand to the licensee.
The committee shall mail a copy of ks recommendation to the
licensee.
(g) Within 20 days after receipt of the recommendation , the
licensee may refuse the reprimand and request a contested case
hearing pursuant to this Section. Such refusal and request shall
be filed with the Board. The legal counsel for the Board shall
thereafter prepare, file, and serve a Notice of Hearing.
(n) In the alternative, within 20 days after receipt of the
recommendation , the licensee may request an informal meeting
with the Board to discuss the basis of the committee's recom-
mendation and present reasons why the Board should not follow
the committee's recommendation. There shall be no sworn
testimony presented, nor shall there be a formal record of the
proceedings.
(ij If the licensee does not request a contested case hearing or
an informal meeting with the Board, the Board shall determine
whether to accept the committee's recommendation and issue
the reprimand. A letter of caution is not considered disciplinary
action against a licensee.
(]] Participation by a current Board member in the investiga-
tion of a complaint shall disqualify that Board member from
participating in the d ecision making process of a contested case
hearing.
00 Subsequent to the issuance of a notice of hearing, the
attorney prosecuting the contested case for the Board may not
communicate, directly or indirectly, in connection with any
issue of fact or question of law, with any party, including the
members of the Board assigned to make a decision or to make
findings of fact and conclusions of law in the contested case,
except on notice and opportunity for all parties to participate.
However, the attorney prosecuting the matter for the Board may
continue to communicate concerning such contested case with
the members of the probable cause committee who investigated
such matter, with persons not parties to the contested case who
may be called as witnesses, including the person who filed the
complaint and with the Board members about other matters.
Statutory Authority G.S. 90-270.26; 150B-38; 150B-4O.
.0505 NOTICE OF HEARING
(a) The Board shall give the party or parties in a contested
case a notice of hearing not less than 15 days before the
hearing. Said notice shall contain the following information, in
addition to the items specified in G.S. 150B-38(b):
(1) the name, position, address and telephone number
of a person at the office of the Board to contact for
further information or discussion;
(2) the date, time, and place for a pre-hearing confer-
ence, if any; and
(3) any other relevant information regarding the proce-
dure of the hearing.
(b_) If the Board determines that the public health, safety, or
welfare requires emergency action, it may issue an order
summarily suspending a license. Upon service of the order, the
licensee to who the order is directed shall immediately cease the
practice of physical therapy in North Carolina, and deliver said
license to the Board in the manner specified in the order. The
Board shall promptly give notice of hearing pursuant to G.S.
150B-38 following service of the order. The suspension shall
remain in effect pending issuance by the Board of a final agency
decision pursuant to G.S. 150B-42.
Statutory Authority G.S. 90-270.26; 70.36(9); l50B-3(c); 150B-
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38.
.0506 WRITTEN RESPONSE TO THE NOTICE
OF HEARING
Any party served with a notice of hearing may file a written
response. Such response shall be served on the Board by
certified mail at the address specified in the notice of hearing.
The written response must be mailed to all parties to the
proceeding not less than 10 days prior to the hearing.
Statutory Authority G.S. 90-270.26; 150B-38.
.0507 WHO SHALL HEAR CONTESTED
CASES
(a) All contested case hearings will be conducted by the
Board, a panel consisting of a majority of the members of the
Board, or an administrative law judge designated to hear the
case pursuant to G.S. 150B-40(e).
(b) The Board is authorized to employ an attorney to advise
the presiding officer on matters of procedure and evidentiary
rulings.
Statutory Authority G.S. 90-270.26; 150B-38; 150B-40.
.0508 PRE-HEARING CONFERENCE
(a) The Board may direct the parties to attend an informal
pre-hearing conference, or the parties may request such a
conference, at a time and place selected by mutual agreement.
If the parties do not agree on the time and place for the pre-
hearing conference within a reasonable time, the Board through
its attorneys may set the time and place of the pre-hearing
conference, giving reasonable written notice to all parties in the
proceedings. The board may designate one of its staff members
or attorneys to conduct the conference.
(b) Upon the agreement of the parties, all or part of the pre-
hearing conference may be conducted by telephone or other
electronic means, if each party has an opportunity to participate
while the conference is taking place.
(c) The parties shall conduct the pre-hearing conference to
deal, where applicable, with:
(1) exploring settlement possibilities;
(2) formulating, clarifying, and simplifying the issues
to be contested at the hearing;
(3) preparing stipulations of facts or findings;
(4) specifying the identity and number of witnesses;
(5) determining the extent to which direct evidence,
rebuttal evidence, or cross-examination will be
presented in written form and the extent to which
telephone, video tape, or other electronic means
will be used as a substitute for proceedings in
person;
(6) determining what depositions, discovery orders, or
subpoenas will be needed;
(7) determining the need for consolidation of cases or
joint hearing;
(8) determining the order of presentation of evidence
and cross-examination; and
(9) considering any other matters which may promote
the prompt, orderly, and efficient disposition of the
case.
Statutory Authority G.S. 90-270.26; 150B-38.
.0509 PETmON FOR INTERVENTION
(a) A person desiring to intervene in a contested case must
file a written petition with the Board's office. The petition
should bear the notation: PETTnON TO INTERVENE IN
THE CASE OF (Name of Case).
(b) The petition must include the following information:
(1) the name and address of petitioner;
(2) the business or occupation of petitioner, where
relevant;
(3) a full identification of the hearing in which peti-
tioner is seeing to intervene;
(4) the statutory or non-statutory grounds for interven-
tion;
(5) any claim or defense in respect of which interven-
tion is sought; and
(6) a summary of the arguments or evidence petitioner
seeks to present.
(c) If the Board determines to allow intervention, notice of
that decision will be issued promptly to all parties, and to the
petitioner. In cases of discretionary intervention, such notifica-
tion will include a statement of any limitations of time, subject
matter, evidence or whatever else is deemed necessary which
are imposed on the intervenor.
(d) If the Board's decision is to deny intervention, the
petitioner will be notified promptly. Such notice will be in
writing, will identify the reasons for the denial, and will be
issued to the petitioner and all parties.
Statutory Authority G.S. 90-270.26; 150B-38.
.0510 TYPES OF INTERVENTION
(a) Intervention of Right. A petition to intervene as a right.
as provided in the North Carolina Rules of Civil Procedure.
Rule 24. will be granted if the petitioner meets the criteria of
that rule and the petition is timely.
(b) Permissive Intervention. A petition to intervene permis-
sively, as provided in the North Carolina Rules of Civil
Procedure, Rule 24, will be granted if the petitioner meets the
criteria of that rule and the Board determines that:
03
there is sufficient legal or factual similarity between
the petitioner's claimed rights, privileges, or duties
and those of the parties to the hearings; and
permittin g the petitioner to intervene as a party
would aid the purpose of the hearing.
Discretionary Intervention. The Board may allow
®
discretionary intervention, with whatever limits and restrictions
are deemed a ppropriate.
Statutory Authority G.S. 90-270.26; 150B-38.
.0511 DISQUALIFICATION OF BOARD
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PROPOSED RULES
MEMBERS
(a) Self-disqualification. No Board member shall discuss
with any party the merits of any case pending before the Board,
Any Board member who has direct knowledge about a case
prior to the commencement of the proceeding shall disqualify'
himself or herself from any participation in the case. If for any
other reason a Board member determines that personal bias or
other factors render that member unable to hear a contested case
and perform all duties in an impartial manner, that Board
member shall voluntarily decline to participate in the hearing or
decision.
(b) Petition for Disqualification. If for any reason any party
in a contested case believes that a Board member is personally
biased or otherwise unable to hear a contested case and perform
all duties in an impartial manner, the party may file a sworn,
notarized affidavit with the Board.
(c) Contents of Affidavit. The affidavit must state aj] facts
the party deems to be relevant to the disqualification of the
Board member.
(d) Timeliness and Effect of Affidavit. An affidavit of
disqualification will be considered timely if filed 10 days before
commencement of the hearing. Any other affidavit will be
considered timely provided it is filed at the first opportunity
after the party becomes aware of facts which give rise to a
reasonable belief that a Board member may be disqualified
under this Rule.
(e) Where a petition for disqualification is filed less than 10
days before or during the course of a hearing, the hearing shall
continue with the challenged Board member sitting. Petitioner
shall have the opportunity to present evidence supporting the
petition, and the petition and any evidence relative thereto
presented at the hearing shall be made a part of the record.
The Board, before rendering its decision, shall decide whether
the evidence justifies disqualification. In the event of disqualifi-
cation the disqualified member will not participate in further
deliberation or decision of the case.
(f) Procedure for Determining Disqualification:
(1) The Board will appoint a board member or the
Board's attorney to investigate the allegations of the
affidavit.
(2) At a special proceeding convened to consider the
petition for disqualification, the investigator will
report to the Board the findings of the investigation.
(3) The Board shall decide whether to disqualify the
challenged individual, and issue its decision in the
record.
(4) The person whose disqualification is to be deter-
mined will not participate in the decision but may
be called upon to furnish information at the special
proceeding.
(5) When a Board member is disqualified prior to the
commencement of the hearing or after the hearing
has begun, such hearing will continue with the
remaining members sitting provided that the re-
maining members still constitute a maiority of the
Board.
(6) If a sufficient number of Board members are
disqualified pursuant to this Rule so that a majority
of the Board cannot conduct the hearing, the Board
shall petition the Office of Administrative Hearings
to appoint an administrative law judge to hear the
contested case pursuant to G.S. 150B-40(e).
Statutory Authority G.S. 90-270.26; 150B-4O.
.0512 SUBPOENAS
(a) Requests for subpoenas for the attendance and testimony
of witnesses or for the production of documents, either at a
hearing or for the purposes of discovery, shall be made in
writing to the Board, shall identify any document sought with
specificity, and shall include the full name and home or business
address of all persons to be subpoenaed and, if known, the date,
time, and place for responding to the subpoena. The Chairman
or the Secretary of the Board shall issue the requested subpoe-
nas within three days of receipt of the request.
(b) Subpoenas shall contain: the caption of the case; the
name and address of the person subpoenaed; the date, hour and
location of the hearing in which the witness is commanded to
appear; a particularized description of the books, papers,
records or objects the witness is directed to bring to the hearing,
if any; the identity of the party on whose application the
subpoena was issued; the date of issue; the signature of the
presiding officer or his designee; and a "return of service".
The "return of service" form, as filled out, shows the name and
capacity of the person serving the subpoena, the date on which
the subpoena was delivered to the person directed to make
service, the date on which sen ice was made, the person on
whom service was made, the manner in which service was
made, and the signature of the person making service.
(c) Subpoenas shall be served as provided by the Rules of
Civil Procedure, G.S. I A-l. The cost of service, fees, and
expenses of any witnesses or any documents subpoenaed shall
be paid by the party requesting the subpoena. The subpoena
shall be issued in duplicate, with a "return of service" form
attached to each copy. A person serving the subpoena shall fill
out the "return of service" form for each copy and properly
return one copy to the Board with the attached "return of
service" form completed.
(d) Any person receiving a subpoena from the Board may
object thereto by filing a written objection to the subpoena with
the Board's office. Such objection shall include a concise, but
complete, statement of reasons why the subpoena should be
quashed or modified. These reasons may include lack of
relevancy of the evidence sought, or any other reason sufficient
in law for holding the subpoena invalid, such as that the
evidence is privileged, that appearance or production would be
so disruptive as to be unreasonable in light of the significance
of the evidence sought, or other undue hardship.
(e) Any objection to a subpoena must be served on the party
who requested the subpoena simultaneously with the filing of
the objection with the Board.
(fj The party who requested the subpoena may file a written
response to the objection within such time period allowed by the
Board. The written response shall be filed with the Board and
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served by the requesting party on the objecting witness,
(g) After receipt of the objection and response thereto, if any,
the Board shall issue a notice to the party who requested the
subpoena and the party challenging the subpoena, and may
notify any other party or parties of an open hearing before the
presiding officer, to be scheduled as soon as practicable. At the
hearing, evidence and testimony may be presented, limited to
the narrow questions raised by the objection and response.
(h) Promptly after the close of such hearing, the presiding
officer will rule on the challenge and issue a written decision.
A copy of the decision will be issued to all parties and made a
part of the record.
Statutory Authority G.S. 90-270.26; 150B-39; 150B-40.
(cj Upon receipt of a request for oral argument, notice will
be issued promptly to all parties designating the time and place
for such oral argument.
(d) Giving due consideration to the proposal for decision and
the exceptions and arguments of the parties, the Board may
adopt the proposal for decision or may modify it as the Board
deems necessary. The decision rendered will be a part of the
record and a copy thereof given to all parties. The decision as
adopted or modified becomes the "final agency decision" for the
right to judicial review. Said decision will be rendered by the
Board within 60 days of the next regularly scheduled meeting
following the oral arguments, or if none, within 60 days of the
next regularly scheduled Board meeting following receipt of the
last document filed in the case.
.0513 WITNESSES
Any party may be a witness and may present witnesses on the
party's behalf at the hearing. All oral testimony at the hearing
shall be under oath or affirmation and shall be recorded. At the
request of a party or upon the Board's own motion, the
presiding officer may exclude witnesses from the hearing room
so that they cannot hear the testimony of other witnesses.
Statutory Authority G.S. 90-270.26; I50B-40; 150B-43.
.0514 CONTINUANCES
A request for a continuance shall be addressed to the Board,
and shall be granted in the Board's discretion.
Statutory Authority G.S. 90-270.26; 150B-38; 150B-40.
.0515 FINAL DECISION
In all cases heard by. the Board, the Board will issue its
decision within 60 days after its next regularly scheduled
meeting following the close of the hearing. This decision will
be the prerequisite "final agency decision" for the right to
judicial review.
Statutory Authority G.S. 90-270.26; 150B-38; 150B-42.
.0516 PROPOSALS FOR DECISION
(a) When an administrative law judge conducts a hearing
pursuant to G.S. 150B-40(e), a "proposal for decision" shall be
served on §11 parties to the proceeding at their mailing address
or upon their counsel of record. The parties may file written
exceptions to this "Proposal for decision" and submit their own
proposed findings of fact and conclusions of law. The excep-
tions and alternative proposals must be filed with the Board
within 15 days after the party has received the "proposal for
decision" as drafted by the administrative law judge, and must
be served on all other parties at the same time it is filed with the
Board.
fb) Any party may file a written argument to the Board
within 15 days after receipt of the proposal for decision. Any
party may file a request to present oral argument to the Board.
Such request must be filed within 15 days of the receipt of the
proposal for decision.
Statutory Authority G.S. 90-270.26; 150B-38; 150B-40; 150B-
42.
SECTION .0600 - DISCIPLINARY ACTION
.0601 PROHIBITED ACTIONS
(a) Behaviors and activities which may result in disciplinary
action by the Board pursuant to GJv 90-270.36(1), (6), (7), (8)
and (9) and G.S. 90-270.35(4) include, but are not limited to,
the following:
(1) recording false or misleading data, measurements
or notes regarding a patient;
(2) delegating responsibilities to a person when the
licensee delegating knows or has reason to know
that the competency of that person is impaired by
physical or psychological ailments, or by alcohol or
other pharmacological agents, prescribed or not;
(3) practicing or offering to practice beyond the scope
permitted by law;
(4) accepting and performing professional responsibili-
ties which the licensee knows or has reason to
know that he or she is not competent to perform;
(5) performing, without adequate supervision, profes-
sional services which the licensee is authorized to
perform only under the supervision of a iicensed
professional, except in an emergency situation
where a person's life or health is in danger;
(6) harassing, abusing, or intimidating a patient either
physically or verbally;
(7) failure to exercise supervision over persons who are
authorized to practice only under the supervision of
the licensed professional;
(8) exercising undue influence on the patient, including
the recommendation of unnecessary treatment for
the financial gain of the practitioner or of a third
party;
(9) directly or indirectly offering, giving, soliciting, or
receiving or agreeing to receive, any fee or other
consideration to or from a third party for the
referral of a client;
( 10) failure to file a report, or filing a false report,
required by law or by the Board, or impeding or
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July 14, 1995
677
PROPOSED RULES
obstructing such filing or inducing another person
to do so;
(1 1) revealing identifiable data, or information obtained
in a professional capacity, without pnor consent of
the patient, except as authorized or required by
law;
(12) guaranteei ng that a cure will result from the perfor-
mance of professional services;
(13) altering a license by changing the expiration date,
certification number, or any other information
appearing on the license;
(14) using a license which has been altered;
(15) permitting or allowing another person to use his or
her license for the purpose of physical therapy;
(16) delegating professional responsibilities to a person
when the licensee delegating such responsibilities
know or has reason to know that such a person is
not qualified by training, by experience, or by
licensure;
(17) violating any term of probation, condition, or
limitation imposed on the licensee by the Board;
(18) kissing, fondling, inappropriately touching or
engaging in any other activities of a sexual nature
with a patient;
(19) billing or charging for services or treatment not
performed;
(20) refusing to treat a patient because third party
benefits have expired,
(b) When a person licensed to practice physical therapy is
also licensed in another jurisdiction and that other jurisdiction
takes disciplinary action against the licensee, the North Carolina
Board of Physical Therapy Examiners may summarily impose
the same or lesser disciplinary action upon receipt of the other
jurisdiction's actions. The licensee may request a hearing. At
the hearing the issues will be limited to:
(1) whether the person against whom action was taken
by the other jurisdiction and the North Carolina
licensee are the same person;
(2) whether the conduct found by the other jurisdiction
also violates the North Carolina Physical Therapy
Act; and
(3) whether the sanction imposed by the other jurisdic-
tion is lawful under North Carolina law.
(c) In accordance with G.S. 150B-3(c) a license may be
summarily suspended if the public health, safety, or welfare
requires emergency action. This determination is delegated to
the Chairman or Executive Secretary of the Board pursuant to
G.S. 90-270.26(8). Such a finding shall be incorporated with
the order of the Board of Physical Therapy Examiners and the
order shall be effective on the date specified in the order or on
service of the certified copy of the order at the last known
address of the licensee, whichever is later, and continues to be
effective during the proceedings. Failure to receive the order
because of refusal of service or unknown address does not
invalidate the order. Proceedings shall be commenced
promptly.
(d) When the Board receives a notice from a Clerk of
Superior Court that the license of a physical therapist or a
physical therapist assistant has been forfeited pursuant to
G.S. 15A-1331A, the licensee shall be required to surrender the
license to file Board immediately and not to engage in the
practice of physical therapy during the period of forfeiture.
Forfeiture under this section shall not limit in any way the
Board's authority to take further disciplinary action against the
licensee in accordance with the Board's rules and procedures.
Statutory Authority G.S. I5A-1331A; 90-270.24; 90-270.26;
90-270.35(4); 90-270.36; 150B-3.
SUBCHAPTER 48H - RULEMAKING AND
ADMINISTRATIVE HEARINGS PROCEDURES
SECTION .0100 - AVAILABILITY OF RULES
.0104 CONTESTED CASES
Th e following rul e s e stablishing procedur e s for cont e st e d
casos, adopted by tho Office of Administrative Hearings and
contained in Title 26, Chapter 3 of the North Carolina Adminis -
trativ e Cod e , are h e reby adopt e d by r e ferenoe for cont e st e d
eases for which th e Board hao authority to adopt rul e o under
G.S. 150B 38(h): — .0001(1), .0005, .0006, .0012, .0013,
.001 4 , .0015, .0016, .0017, .001 8 , .0019. .0020, .0021 and
.0024 . — This adoption is mad e und e r G.S. 150B 14(b) and
applieo to th e listed rul e o in 26 NCAC 3 as am e nd e d as of July
1, 198 8 . Roferonooa in such rules to the Office of Administm
tivc Hearings shall be doomed for this purpose to bo roforonoo3
to th e Board, and th e presiding offic e r for Board hearings shall
hav e the pow e rs and duti e s given in s uch rules to th e adminio
trativc law judge. Copies of tho rules adopted by roforenco are
on file in the Board' s office and may be obtained thoro.
Statutory Authority G.S. 150B-U; 150B-I4(a)(b); 150B-38(h).
SECTION .0700 - ADOPTION OF RULES
.0701 PETITIONS
(a) Any person wishing to submit a petition to the Board
requesting the adoption, amendment or repeal of a rule shall file
the petition with the Board's Executive Secretary at the address
specified in 21 NCAC 48A .0001 of these Rules.
(b) The petition should contain the following information:
(1) a proposed text of ffie rule to be adopted or
amended or a citation to fiie rule to be repealed;
(2) a statement of the reason for the proposal, including
statutory authority;
(3) effect of the proposed rule change on the practice
of physical therapy;
(4) any data supporting the proposal;
(5) name, address and telephone number of each
petitioner.
(c) The Board will consider whether to grant or deny a
petition at its next regularly scheduled meeting following receipt
of a completed petition, but in any event, no more than 120
days after a completed petition is filed with the Board.
678
NORTH CAROLINA REGISTER
July 14, 1995
10:8
PROPOSED RULES
(d) If the Board denies the petition, the petitioner shall be
notified in writing, stating the reasons for the denial. If the
decision is to approve the petition, the Board shall initiate a
rulemaking proceeding by issuing a rulemaking notice, as
provided in these Rules.
Statutory Authority G.S. 90-270.26; 150B-20.
.0702 MAILING LIST
(a) Any person desiring to be placed on the mailing list for
the Board's rulemaking notices may file a request with the
Board in writing, furnishing the name and mailing address of
the person to whom the notice is to be sent.
(b) The Board will charge an annual fee of ten dollars
($10.00) to each person on the mailing list for copying and
mailing costs. A person shall remain on the list so long as the
annual fee is paid.
Statutory Authority G.S. 90-270.26; 150B-21.1.
.0703 HEARINGS
(a) Any person desiring to present oral comments on a
proposed rule must file a written notification with the Board at
the address specified in 21 NCAC 48A .0001, at least five days
prior to the hearing. This requirement may be waived or a
failure to file a request may be excused by the presiding officer.
Any person making oral comments is encouraged to submit a
written copy of the presentation prior to or at the hearing.
(b) In order to allow for a full and fair opportunity for
persons who wish to make oral comments at a rulemaking
hearing to speak, the presiding officer shall be entitled to
impose time limits on the length of presentations. The presiding
officer shall inform persons making oral comments of any time
limits deemed necessary to accomplish a full and effective
public hearing on the proposed rule.
(c) Any person may file a written submission with the Board
up to and including the day of the hearing, unless a longer
period is stated in the particular notice or an extension of time
is granted following notice. A written submission must clearly
state the rule or proposed rule to which the comments are
addressed and must also include the name and address of the
person submitting iL
(d) The authority of the presiding officer shall include, but
not be limited to, the following:
(1) ensuring a record is made of the proceedings;
(2) control of the order and recognition of speakers;
(3) elimination of repetitious presentations; and
(4) general management of the hearing.
(e) The Board's chair shall designate a Board member or a
staff member to serve as presiding officer.
Statutory Authority G.S. 90-270.26; 150B-21.2.
.0704 DECLARATORY RULINGS
(a) A declaratory ruling is a quasi-judicial order of the Board,
by which it addresses issues raised by an interested person
regarding:
(1) the manner in which a statute administered by the
Board a pplies to a given fact situation;
(2) the manner in which a rule adopted by the Board
applies to a given fact situation; or
(3) whether a particular rule of the Board is valid.
(b) A declaratory ruling issued by the Board:
(1) is binding upon the Board and upon the person
requesting it;
(2) may be reviewed by the courts in the same manner
as die final agency decision in a contested case; and
(3) may be altered by a subsequent declaratory ruling
of the Board, but may not be altered retroactively.
(c) All requests for a declaratory ruling shall be in writing
and submitted to the Board at die address specified in 21
NCAC 48A .0001 and must include the following information:
(1) name and address of person requesting declaratory
ruling;
(2) statute or rule to which request relates;
(3) statement of the manner in which the person re-
questing declaratory ruling is aggrieved by the rule
or statute or its potential application to him; and
(4) the consequences of a failure to issue a declaratory
ruling.
(d) Whenever the Board believes that issuance of a declara-
tory ruling is undesirable, it may refuse to issue one. The
person requesting the declaratory ruling shall be furnished with
a full and complete statement from the Board as to why the
request is being denied.
Statutory Authority G.S. 90-270.26; 150B-4.
10:8
NORTH CAROLINA REGISTER
July 14, 1995
679
RRC OBJECTIONS
1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State agencies are
required to respond to RRC as provided in G.S. 150B-21. 12(a).
DEPARTMENT OF AGRICULTURE
Markets
2 NCAC 43L .0202 - Gate Fees
Agency Revised Rule
2 NCAC 43L .0304 - Horse Facility
Agency Revised Rule
DEPARTMENT OF COMMERCE
Banking Commission
4 NCAC 3C .0201 - Establishment of Branches and Limited Service Facilities
Agency Revised Rule
4 NCAC 3C .0202 - Discontinuance
Agency Revised Rule
4 NCAC 3C .0204 - Conversion of Branch to Limited Service Facility
Agency Revised Rule
4 NCAC 3C .0301 - Change of Location of Main Office, Branch or Ltd Svc Facility
Agency Revised Rule
4 NCAC 3C .0901 - Books and Records
Agency Revised Rule
4 NCAC 3C . 1001 - Loan Documentation
Agency Revised Rule
4 NCAC 3C . 1101 - Definitions: Issuance of Capital Notes and Debentures
Agency Revised Rule
4 NCAC 3C . 1302 - Share Purchase and Option Plans
Agency Revised Rule
4 NCAC 3C . 1601 - Fees, Copies and Publication Costs
Agency Revised Rule
DEPARTMENT OF COMMUNITY COLLEGES
Community Colleges
23 NCAC 2C .0604 - Program Review
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Coastal Management
15 A NCAC 7H .0306 - General Use Standards for Ocean Hazard Areas
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15A NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas
Agency Revised Rule
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7M .0202 - Policy Statements
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
RRC Objection
05/18/95
Obj. Removed
05/18/95
RRC Objection
05/18/95
Obj. Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
1 Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC Objection
Obj. Cont'd
Obj. Cont'd
RRC Objection
Obj. Cont'd
Eff.
06/14/95
RRC Objection
Obj. Cont'd
Eff.
Eff-
05/18/95
06/14/95
06/27/95
03/16/95
04/20/95
04/20/95
05/04/95
03/16/95
04/20/95
05/04/95
680
NORTH CAROLINA REGISTER
July 14, 1995
10:8
RRC OBJECTIONS
Environmental Management
15A NCAC 2B .0201 - Antide gradation Policy (Noticed in 9:24, 1073)
Ride Withdrawn by Agency
15 A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0212 - Fresh Surface Water Quality Stds. for Class WS-I Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0214 - Fresh Surface Water Quality Stds. for Class WS-II Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0215 - Fresh Surface Water Quality Stds. for Class WS-II1 Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0216 - Fresh Surface Water Quality Stds. for WS-IV Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15 A NCAC 2B .0218 - Fresh Surface Water Quality Stds. for Class WS-V Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15 A NCAC 2B .0219 - Fresh Surface Water Quality Stds. for Class B Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15 A NCAC 2B .0220 - Tidal Salt Water Quality Stds. for Class SC Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0221 - Tidal Salt Water Quality Stds. for Class SA Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0222 - Tidal Salt Water Quality Stds. for Class SB Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0223 - Nutrient Sensitive Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15 A NCAC 2B .0224 - High Quality Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15 A NCAC 2B .0225 - Outstanding Resource Waters (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0226 - Exemptions from Surface Water Quality Standards (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0227 - Water Quality Management Plans (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
15A NCAC 2B .0228 - Effluent Channels (Noticed in 9:24, 1073)
Rule Withdrawn by Agency
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
Health: Epidemiology
15 A NCAC 19 A .0202 - Control Measures - HIV
HUMAN RESOURCES
Facility Services
RRC Objection
06/14/95
10 NCAC 30 .0305 - Persons Subject to Licensure
Agency Revised Rule
10 NCAC 30 .0506 - Simplified Reporting for Certain Organizations
Agency Revised Rule
10 NCAC 30 .0607 - License Year
Agency Revised Rule
RRC Objection
05/18/95
Obj. Removed
05/18/95
RRC Objection
05/18/95
Obj. Removed
05/18/95
RRC Objection
05/18/95
Obj. Removed
05/18/95
Medical Assistance
10 NCAC 26H .0104 - Cost Reporting: Auditing and Settlements
Rule Withdrawn by Agency
Agency Resubmitted Rule
RRC Objection
04/20/95
05/18/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
681
RRC OBJECTIONS
Agency Revised
10 NCAC 26M .0301
Agency Revised
Agency Revised
10 NCAC 26M .0302
Agency Revised
Agency Revised
10 NCAC 26M .0303
Agency Revised
10 NCAC 26M .0304
Agency Revised
Rule Withdrawn
10 NCAC 26M .0305
Agency Revised
Rule Withdrawn
10 NCAC 26M .0306
Agency Revised
Agency Revised
10 NCAC 26M .0307
Agency Revised
Rule Withdrawn
10 NCAC 26M .0308
Agency Revised
Rule
- Program Definition
Rule
Rule
- Access to Care
Rule
Rule
- Patient Informing
Rule
- Relationship with Carolina Access
Rule
by Agency
- Relationship with EPSDT program
Rule
by Agency
- Relationship with Sub-Contractors (Renumbered to . 0304)
Rule
Rule
- Utilization Review Requirements
Rule
by Agency
- Enrollee and Sub-Contractor Appeals and Grievances
Rule (Renumbered to .0305)
Obj. Removed
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
Obj. Removed
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
Obj. Removed
05/18/95
RRC Objection
04/20/95
Obj. Removed
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
Obj. Removed
05/18/95
RRC Objection
04/20/95
RRC Objection
04/20/95
05/18/95
RRC Objection
04/20/95
Obj. Removed
05/18/95
INDEPENDENT AGENCIES
State Health Plan Purchasing Alliance Board
24 NCAC 5 .0202 - Establishment of Alliance Market Areas
Agency Revised Rule
24 NCAC 5 .0401 - Purpose
Rule Withdrawn by Agency
24 NCAC 5 .0402 - Definitions
Rule Withdrawn by Agency
24 NCAC 5 .0403 - Application for Membership
Rule Withdrawn by Agency
24 NCAC 5 .0404 - Participation Requirements
Rule Withdrawn by Agency
24 NCAC 5 .0405 - Annual Renewal
Rule Withdrawn by Agency
24 NCAC 5 .0406 - Employer Qualification and Employee Enrollment Period
Rule Withdrawn by Agency
24 NCAC 5 .0407 - Waiting Period
Rule Withdrawn by Agency
24 NCAC 5 . 0408 - Open Enrollment Period
Rule Withdrawn by Agency
24 NCAC 5 .0409 - Enrollment Additions Outside Open Enrollment
Rule Withdrawn by Agency
24 NCAC 5 .0410 - Disenrollment of Member Small Employer
Rule Withdrawn by Agency
24 NCAC 5 .0411 - Disenrollment ofEnrollees
Rule WitMrawn by Agency
24 NCAC 5 .0412 - Continuation of Benefits
Rule Walidrawn by Agency
24 NCAC 5 .0413 - Payment to Insurance Agents and Brokers
Rule Withdrawn by Agency
24 NCAC 5 .0414 - Alliance Participation Fee
RRC Objection
Obj. Removed
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
682
NORTH CAROLINA REGISTER
July 14, 1995
10:8
RRC OBJECTIONS
Rule Withdrawn by Agency
24 NCAC 5 .0415 - Notification of Rate Changes
Rule Withdrawn by Agency
24 NCAC 5 .0416 - Employer Monthly Payment Procedures and Requirements
Rule Withdrawn by Agency
24 NCAC 5 ,0417 - Overdue Payments; Late Fees; Termination
Rule Withdrawn by Agency
24 NCAC 5 .0418 - Reinstatement Following Termination for Non-Payment
Rule Withdrawn by Agency
24 NCAC 5 .0419 - Monthly Payments to AHCS
Rule Withdrawn by Agency
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
06/14/95
LABOR
OSHA
13 NCAC 7 A .0602 - Definitions
Agency Revised Rule
13 NCAC 7 A .0603 - Safety and Health Programs
Agency Revised Rule
13 NCAC 7F .0201 - Construction
Agency Revised Rule
LICENSING BOARDS AND COMMISSIONS
Acupuncture Licensing Board
21 NCAC 1 .0301 - Standards for Continuing Education
Agency Revised Rule
Board of Cosmetic Art Examiners
21 NCAC 14F .0014 - Salon Renewal
No Response from Agency
Agency Revised Rule
21 NCAC 141 .0401 - App. for Lie. by Individuals Who Have Been Convicted of a Felony
No Response from Agency
Agency Revised Rule
21 NCAC 141 .0402 - Requests for Preapplication Review of Felony Convictions
No Response from Agency
Agency Revised Rule
Board of Licensed Professional Counselors
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
05/18/95
Obj.
Removed
05/18/95
RRC
' Objection
06/14/95
Obj.
Removed
06/14/95
RRC Objection
Obj. Removed
06/14/95
06/14/95
RRC Objection
03/16/95
Obj. Cont'd
04/20/95
Obj. Removed
05/18/95
RRC Objection
03/16/95
Obj. Cont'd
04/20/95
Obj. Removed
05/18/95
RRC Objection
03/16/95
Obj. Cont'd
04/20/95
Obj. Removed
05/18/95
21 NCAC 53 .0208 - Supervised Professional Practice
Agency Revised Rule
21 NCAC 53 .0309 - Agreement to Abide by NCBLPC Ethical Standards
Agency Revised Rule
Board of Practicing Psychologists
21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
21 NCAC 54 .2705 - HSP-PP Requirements
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
RRC
' Objection
06/14/95
Obj.
Removed
06/14/95
RRC
' Objection
06/14/95
Obj.
Removed
06/14/95
RRC
Objection
05/18/95
Obj.
Cont 'd
06/14/95
Eff.
06/21/95
RRC
Objection
05/18/95
Obj.
Cont 'd
Eff.
06/14/95
06/21/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
683
RRC OBJECTIONS
21 NCAC 54 .2706- HSP-PA Requirements On and After June 30, 1994
Rule Returned to Agency
Agency Filed Ride for Codification Over RRC Objection
Real Estate Commission
21 NCAC 58E .0203 - Application and Criteria for Original Approval
Agency Revised Rule
STATE PERSONNEL
Office of State Personnel
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Removed
05/18/95
06/14/95
Eff. 06/21/95
06/14/95
06/14/95
25 NCAC IE .0305 - Use of Sick Leave
Agency Revised Rule
25 NCAC IE . 1302 - Policy
Agency Revised Rule
25 NCAC IE . 1304 - Qualifying to Participate in Voluntary Shared Lea\>e Program
Agency Revised Rule
25 NCAC IN .0201 - Purpose (Noticed in 9:23, 2018)
Rule Withdrawn by Agency
TRANSPORTATION
Division of Highways
19 A NCAC 2B .0221 - General Motorist Services Signs
Agency Revised Rule
RRC Objection
06/14/95
Obj. Removed
06/14/95
RRC Objection
06/14/95
Obj. Removed
06/14/95
RRC Objection
06/14/95
Obj. Removed
06/14/95
06/14/95
RRC Objection
Obj. Removed
06/14/95
06/14/95
684
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
Ihis Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index to
all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the decisions
listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative
Hearings, (919) 733-2698.
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
ADMINISTRATION
Division of Purchase and Contract
Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration,
Div. of Purchase & Contract, et al.
94 DOA 0803
95 DOA 0194
Nesnow
Phipps
03/06/95
06/13/95
State Construction Office
W. M. Piatt & Company v. State Construction Office, DOA
Holland Group, Inc. v. Dept. of Administration, St. Construction Office
94 DOA 0738
Nesnow
04/11/95
10:3 NCR
221
94 DOA 1565
Nesnow
06/01/95
10:7 NCR
619
ALCOHOLIC BEVERAGE CONTROL COMMISSION
Ali Alsaras v. Alcoholic Beverage Control Commission
Norman D. Forbes v. Alcoholic Beverage Control Commission
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission
Robert Johnson v. Alcoholic Beverage Control Commission
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc.
John H. Robinson v. Alcoholic Beverage Control Commission
Clara and Carson Young v. Alcoholic Beverage Control Commission
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission
Diamond Club, Inc. v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Weisner, Inc.
Robert Louis Reese v. Alcoholic Beverage Control Commission
Ray E. Bailey v. Alcoholic Beverage Control Commission
Legwin Z. Williams v. Alcoholic Beverage Control Commission
94 ABC 0526
Chess
94 ABC 0787
Gray
94 ABC 1168
Becton
94 ABC 1661
West
94 ABC 1682
Chess
94 ABC 1694
Mann
94 ABC 1727
Morrison
94 ABC 1729
Chess
94 ABC 1784
Mann
94 ABC 1803
Mann
95 ABC 0068
West
95 ABC 0074
Chess
95 ABC 0210
Gray
95 ABC 0224
Nesnow
05/16/95
03/17/95
03/07/95
05/01/95
05/03/95
03/29/95
05/18/95
05/11/95
04/19/95
04/07/95
06/07/95
05/25/95
05/01/95
05/31/95
10:6 NCR 417
CRIME CONTROL AND PUBLIC SAFETY
Crime Victims Compensation Commission
John Pavlikianidis v. Victims Compensation Commission
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission
Phyllis H. Steinmetz v. Crime Victims Compensation Commission
Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm.
Wayne L. Utley v. Cnme Victims Compensation Commission
Sandra H. Hughes v. Victims Compensation Commission
Kristine S. Ray v. Crime Victims Compensation Commission
Shirley Moody Myers v. Crime Victims Compensation Commission
Thomasine Inman v. Crime Victims Compensation Commission
Irmgard Gordos v. Crime Victims Compensation Commission
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission
Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp
Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm.
Lynn H. Henderson v. CPS, Victims Compensation Commission
Larusha Bey v. Crime Victims Compensation Commission
Percible Gaston v. Crime Victims Compensation Commission
Juan Aguilar v. Crime Victims Compensation Commission
Sandra Jones v. Crime Victims Compensation Commission
94 CPS 0237
Morrison
94 CPS 0445* 4
West
94 CPS 0542
West
94 CPS 1177
Mann
94 CPS 1180
Becton
94 CPS 1600
Morrison
94 CPS 1673
Chess
94 CPS 1674
Chess
94 CPS 1731
Nesnow
94 CPS 1782
Gray
95 CPS 0010* 4
West
95 CPS 0012
West
95 CPS 0181
West
95 CPS 0212
Morrison
95 CPS 0245
Reilly
95 CPS 0270
Gray
95 CPS 0356
Reilly
95 CPS 0427
Nesnow
03/21/95
05/30/95
05/16/95
06/12/95
03/07/95
06/09/95
04/20/95
04/20/95
03/09/95
03/09/95
05/30/95
03/22/95
06/21/95
05/08/95
06/02/95
06/13/95
06/22/95
06/02/95
10:2 NCR 176
10:8
NORTH CAROLINA REGISTER
July 14, 1995
685
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
AU
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Concrete Supply Company v. Environment, Health, & Natural Resources
Setzer Bros. Inc. v. Environment, Health, and Natural Resources
Environment, Health, & Natural Resources v. Royal James Cafe
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR
and
Shugart Enterprises, Inc.
Browning- Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc.
v. Dept. of Environment, Health, and Natural Resources,
and
Hoke County and Bladen County
Coastal Resources
William C. Young v. Coastal Resources Commission
and
Robert L. Casper, Jr. and Mary M. Casper
Howard C. Slack v. Coastal Resources Comm, EHNR
Davidson County Heath Department
John Dee Clodfelter v. Davidson County Health Dept.; EHNR
Environmental Health
EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section,
Division of Environmental Health
Environmental Management
United Screen Printers, Inc. v. EHNR, Div of Environmental Mgmt.
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt.
and
Duke Power Company
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt.
and
Duke Power Company
United Screen Printers, Inc. v EHNR, Div. of Environmental Mgmt.
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt.
Moffitt and Pierce Construction, Inc. v. EHNR. Environmental Mgmt.
Hyde County Health Department
Fritzner Henry v. Hyde County Health Department
Macon County Health Department
Four Residents on Genva Circle v. Macon County Health Department
Marine Fisheries
Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries
Maternal and Child Health
Jimmy Franklin v. EHNR Maternal &. Child Hlth, Nutrition Services
Middleburg Variety v. EHNR, Maternal &. Child Health. Nutrition Svcs.
Taisser Shehadeh v. EHNR, Maternal &. Child Health, Nutrition Svcs.
Philip Haskins v. EHNR, Div. of Maternal & Child Health
94 EHR 0950
Gray
05/73/95
10:6 NCR
414
94 EHR 1676
Nesnow
03/09/95
94 EHR 1756
Becton
06/30/95
10:8 NCR
696
95 EHR 0016
Phipp6
03/17/95
95 EHR 0506 West
95 EHR 0009 Chess
95 EHR 0140 Phipps
94 EHR 1037 Chess
94 EHR 0745 Chess
94 EHR 0924
94 EHR 1202
94 EHR 1786
Gray
Nesnow
Chess
06/13/95
06/13/95
03/22/95
03/13/95
04/24/95
91 EHR 1179* 5
West
05/30/95
92 EHR0021- 1
Gray
04/03/95
92 EHR 0053*'
Gray
04/03/95
93 EHR 0273* 5
West
05/30/95
94 EHR 0894
Nesnow
05/08/95
94 EHR 1755
West
06/06/95
03/09/95
03/27/95
16 22 95
94 EHR 0288
Gray
05/22/95
94 EHR 1601
Chess
05/01/95
94 EHR 1711
Chess
05/02/95
94 EHR 1777
Chess
03/09/95
10:2 NCR 185
Consolidated cases.
686
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
New Hanover County Health Department
Gus ICalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs
Put County Public Health Center
Mary Joyner Dudley v. Pitt County Public Health Center &. EHNR
EQUAL EMPLOYMENT OPPORTUNITY
Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center
HUMAN RESOURCES
Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources
Veronica Spearman, John P. Spearman v. Dept. of Human Resources
Division of Child Development
Iola Malloy v. DHR, Division of Child Development
Esther Elder v. DHR, Division of Child Development
Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev.
FacUity Services
William H. Cooke v. DHR, Division of Facility Services
Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs,
Domiciliary & Group Care Section
Bingo Licensure Section
The Regular Veterans Association of the United Slates and the Sixteen
Posts of the Regular Veterans Association of the United States and the
Regular Veterans Association Auxiliary Located in the Stale of North
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section
Certificate of Need Section
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville,
Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services,
Certificate of Need Section
and
Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville,
Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services,
Certificate of Need Section
and
Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd.
Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR,
Division of Facility Services, Certificate of Need Section
and
Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/
Wallace, Inc.
Office of Emergency Medical Services
Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs.
Division of Medical Assistance
A.S., by and through her agent and personal representative, Hank Neal
v. DHR, Division of Medical Assistance
D.A.., by and through his agent and personal representative. Hank Neal
v. DHR, Division of Medical Assistance
94 EHR 1073
94 EHR 1043
90 EEO 0379
94 DHR 1362
95 DHR 0216
94 DHR 0565
94 DHR 1783
95 DHR 0040
Morrison
Gray
Chess
Becton
Reilly
Gray
Gray
Morrison
94 DHR 01 97* 2 Reilly
94 DHR 0198* 2 Reilly
94 DHR 0403 Chess
92 DHR 1697 Chess
93 DHR 1736 Reilly
93 DHR 1737 Reilly
04/28/95
06/27/95
04/03/95
03/20/95
06/02/95
94 DHR 0849
Mann
03/03/95
94 DHR 1771
Reilly
03/17/95
95 DHR 0450
Phipps
06/02/95
03/16/95
03/16/95
04/13/95
04/05/95
04/05/95
12/14/94
05/16/95
05/22/95
05/22/95
10:6 NCR 409
10:8
NORTH CAROLINA REGISTER
July 14, 1995
687
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Division of Social Services
Child Support Enforcement Section
Daniel J. Carter v. Department of Human Resources
Shawn Dominic Caldwell v. Department of Human Resources
William Zonta Thompson v. Department of Human Resources
Jackie E. Hackney v. Department of Human Resources
Frank M. Swett v. Department of Human Resources
Elbert Quick v. Department of Human Resources
Dennis E. Barkley v. Department of Human Resources
Clement McMillan v. Department of Human Resources
Larry James Walker Jr. v. Department of Human Resources
James R. Gray v. Department of Human Resources
John D. Bird v. Department of Human Resources
Lacy Green, Jr. v. Department of Human Resources
Leon McNair v. Department of Human Resources
Edwin A. Clarke v. Department of Human Resources
Wolfgang R. Walker v. Department of Human Resources
Wyatt Roseboro v. Department of Human Resources
Lloyd Lane Speake v. Department of Human Resources
Raymond E. Dresser v. Department of Human Resources
Terry L. Yoder v. Department of Human Resources
Ronald E. Lewis v. Department of Human Resources
Richard L. Hiott v. Department of Human Resources
Cecil Ray Hinshaw' v. Department of Human Resources
Terry C. Brown V. Department of Human Resources
Paul R. Johnson v. Department of Human Resources
Henry C. Banks v. Department of Human Resources
Lucille B. Dutter v. Department of Human Resources
Charles Bascom Kiker v. Department of Human Resources
Mandel Curry Edwards v. Department of Human Resources
Tony M. Tart v. Department of Human Resources
Wade E. Hampton v. Department of Human Resources
Gary Jay Stocks v. Department of Human Resources
Paul E. Strawcutter v. Department of Human Resources
John L. Osborne (Jr.) v. Department of Human Resources
Richard L. Garver v. Department of Human Resources
Cary G. Dannelly v. Department of Human Resources
Robert G Baker v. Department of Human Resources
Tyrone Waddell v. Department of Human Resources
Bernard T. Wade v. Department of Human Resources
Willie Scott v. Department of Human Resources
Rochester Levi Jones v. Department of Human Resources
Timothy Brian Eller v. Department of Human Resources
Morgan Pate, Jr. v. Department of Human Resources
Robert E. Dudley, Sr. v. Department of Human Resources
Julian Lattimore v. Department of Human Resources
James McFadden v. Department of Human Resources
Anthony D. McCain v. Department of Human Resources
John C. Kay v. Department of Human Resources
Raymond B. Clontz Jr. v. Department of Human Resources
James C. Rogers v. Department of Human Resources
Ruby Fewell Henry v. Department of Human Resources
Michael Leon McCain v. Department of Human Resources
George C. Flowers v. Department of Human Resources
Kendnck W'illiam Sims v. Department of Human Resources
Carl E. Coffey v. Department of Human Resources
Roderick J. Smith v. Department of Human Resources
Richard Dill v. Department of Human Resources
Jonathan D. Caulhen v. Department of Human Resources
Ronnie J. Goins v. Department of Human Resources
Ted C. Jenkins v. Department of Human Resources
Anthony J. Gibbons v. Department of Human Resources
Grant Jules Marks v. Department of Human Resources
Aaron C. Hams v. Department of Human Resources
Donald L. Costello Sr. v. Department of Human Resources
Kelvin L. Lankford v. Department of Human Resources
91 CSE 1103
Morrison
03/03/95
92CSE
1449
Reilly
03/29/95
92 CSE
1559
Rcilly
03/29/95
93 CSE
1088
Chess
03/20/95
93 CSE 1123* 3
Reilly
05/16/95
93 CSE
1169
Chess
03/08/95
93 CSE
1187
Reilly
06/30/95
93 CSE
1208
Chess
03/08/95
93 CSE
1255
Morrison
06/12/95
93 CSE
1268
Chess
03/08/95
93 CSE
1272
Gray
06/26/95
93 CSE 1295
Chess
03/08/95
93 CSE
1317
Becton
04/04/95
93 CSE
1319
Chess
03/08/95
93 CSE
1374
Gray
04/28/95
93 CSE
1423
Becton
04/25/95
93 CSE
1451
Chess
03/22/95
93 CSE
1459
Reilly
06/23/95
93 CSE
1498
Nesnow
06/02/95
93 CSE
1508
Mann
05/18/95
93 CSE
1509
Mann
04/21/95
93 CSE
1513
Gray
05/08/95
93 CSE
1516
Morrison
05/08/95
93 CSE
1546
Gray
06/27/95
93 CSE
1556
Chess
03/22/95
93 CSE
1558
Chess
03/13/95
93 CSE 1561
Mann
04/21/95
93 CSE 1566**
Gray
05/31/95
93 CSE
1588
Becton
06/08/95
93 CSE
1593
Chess
04/20/95
93 CSE
1652
Chess
03/21/95
93 CSE 1713
Mann
03/13/95
94 CSE 0140
Mann
05/30/95
94 CSE 0512
Becton
06/12/95
94 CSE
1033
Nesnow
03/24/95
94 CSE
1094
Chess
03/06/95
94 CSE
1096
Mann
05/30/95
94 CSE
1101
Becton
04/03/95
94 CSE
1109
Chess
06/28/95
94 CSE
1116
Chess
05/15/95
94 CSE
1119
Reilly
03/29/95
94 CSE
1127
Mann
03/20/95
94 CSE
1128
Mann
03/31/95
94 CSE
1131
Reilly
03/13/95
94 CSE
1132
West
03/14A5
94 CSE
1141
Nesnow
05/16/95
94 CSE
1143
Chess
04/13/95
94 CSE
1149
Nesnow
03/03/95
94 CSE
1153
Gray
04/04/95
94 CSE
1157
Nesnow
03/16/95
94 CSE
1158
Becton
05/16/95
94 CSE
1184
Mann
05/02/95
94 CSE
1186
Chess
05/01/95
94 CSE
1191
West
05/25/95
94 CSE
1193
Becton
06C6/95
94 CSE
1195
Mann
03/29/95
94 CSE
1213
Chess
06/01/95
94 CSE
1214
Chess
06/01/95
94 CSE
1218
Gray
03/15/95
94 CSE
1219
Gray
03/15/95
94 CSE
1222
Morrison
06/13/95
94 CSE
1225
Reilly
04/10/95
94 CSE
1228
West
03/17/95
94 CSE 1229
West
03/17/95
688
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
AGENCY
Jeffrey Thomas Chambers v. Department of Human Resources
Robert J. Holden v. Department of Human Resources
Janet M. Johnson v. Department of Human Resources
Michael L. Wright v. Department of Human Resources
Terry S. Gurganus v. Department of Human Resources
John Napoleon Window Cross Pullium v. Dept of Human Resources
Charles F. Haag Jr. v. Department of Human Resources
Michael J. Montroy v. Department of Human Resources
Linton Durante v. Department of Human Resources
Timothy Rex Waddell v. Department of Human Resources
Clarence Benjamin Banks Jr. v. Department of Human Resources
Dennis L. Moore v. Department of Human Resources
John Carroll Rodgers v. Department of Human Resources
James Edward Knox, Jr. v. Department of Human Resources
Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources
David House v. Department of Human Resources
Aqustin S. Sanchez v. Department of Human Resources
Fred Carter Jr. v. Department of Human Resources
Ricky Ratliff v. Department of Human Resources
Willie McNeil Jr. v. Department of Human Resources
Ray Douglas Brickhouse v. Department of Human Resources
Tyron G. Moore v Department of Human Resources
Paul A. Card v. Department of Human Resources
James P. Barton, HI v. Department of Human Resources
Damn Yancey v. Department of Human Resources
Douglas L. Lucas v. Department of Human Resources
Gregory D. Simpson v. Department of Human Resources
Michael Lynn Avery v. Department of Human Resources
Elvis M. Graham v. Department of Human Resources
Shawn Fonvilie v. Department of Human Resources
James Lee, Jr. v. Department of Human Resources
Noah L. Houston, Sr. v. Department of Human Resources
Shannon Vanderaa v. Department of Human Resources
Anthony Murray v. Department of Human Resources
Tommy L. Burchfield v. Department of Human Resources
Gregory A. Rodrigues v. Department of Human Resources
Larry R. Bales v. Department of Human Resources
Karl Philip Jursen v. Department of Human Resources
David Harrington v. Department of Human Resources
Sterling Womack v. Department of Human Resources
Hubert Bowe v. Department of Human Resources
Edward Fitch v. Department of Human Resources
Otis Lewis Jr. v. Department of Human Resources
Robert F. Catoe Jr. v. Department of Human Resources
William Anthony Winchester v. Department of Human Resources
Aaron L. Clark v. Department of Human Resources
Vincent R. Valles Sr. v. Department of Human Resources
Gary W. Gibson v. Department of Human Resources
Mark A. West v. Department of Human Resources
John E. Bolas Jr. v. Department of Human Resources
Gary C. Wiggins v. Department of Human Resources
Rhonnie J. Williams v. Department of Human Resources
Danny Ray Hensley v. Department of Human Resources
Rawn Weigel v. Department of Human Resources
David C. Glenn v. Department of Human Resources
Marc F. Carboni v. Department of Human Resources
Ivy M. Harvell v. Department of Human Resources
Terry L. McMillon v. Department of Human Resources
Garry G. Hickman v. Department of Human Resources
Willie Herring v. Department of Human Resources
Joe C. Dean v. Department of Human Resources
Jimmie E. Barnes v. Department of Human Resources
Cecilia Carmosino v. Department of Human Resources
Marvin F. Walker v. Department of Human Resources
Richard J. Almeida v. Department of Human Resources
Michael R. French v. Department of Human Resources
William R. Casey v. Department of Human Resources
John A. Jackson v. Department of Human Resources
CASE
DATE OF
NUMBER
ALJ
DECISION
94 CSE 1231
Nesnow
03/03/95
94 CSE 1232
Nesnow
03/15/95
94 CSE 1236
Mann
06/02/95
94 CSE 1237
Gray
03/15/95
94 CSE 1239
Gray
03/02/95
94 CSE 1241
Gray
03/15/95
94 CSE 1242
Gray
05/31/95
94 CSE 1244
Morrison
03/13/95
94 CSE 1245
Morrison
06/26/95
94 CSE 1246
Morrison
06/26/95
94 CSE 1247
Morrison
05/17/95
94 CSE 1249
Morrison
03/02/95
94 CSE 1251
Rcilly
05/18/95
94 CSE 1254
Reilly
03/13/95
94 CSE 1255
ReiUy
05/18/95
94 CSE 1256
Reilly
03/15/95
94 CSE 1259
West
03/06/95
94 CSE 1260
West
05/22/95
94 CSE 1261
West
03/17/95
94 CSE 1262
West
03/17/95
94 CSE 1263
West
03/17/95
94 CSE 1264
West
03/17/95
94 CSE 1266
Nesnow
03/13/95
94 CSE 1267
Nesnow
06/02/95
94 CSE 1269
Nesnow
03/15/95
94 CSE 1270
Nesnow
03/15/95
94 CSE 1272
Becton
03/15/95
94 CSE 1274
Becton
03/15/95
94 CSE 1275
Becton
03/15/95
94 CSE 1277
Becton
03/06/95
94 CSE 1280
Chess
04/10/95
94 CSE 1284
Chess
04/26/95
94 CSE 1286
Mann
03/21/95
94 CSE 1287
Mann
03/21/95
94 CSE 1289
Mann
03/21/95
94 CSE 1300
Mann
03/21/95
94 CSE 1302
Gray
03/02/95
94 CSE 1303
Gray
03/15/95
94 CSE 1304
Morrison
05/22/95
94 CSE 1305
Momson
05/18/95
94 CSE 1308
Mann
05/18/95
94 CSE 1313
Mann
05/02/95
94 CSE 1314
Mann
03/21/95
94 CSE 1329
Morrison
03/15/95
94 CSE 1331
Reilly
03/15/95
94 CSE 1332
Reilly
03/15/95
94 CSE 1333
West
03/17/95
94 CSE 1334
West
03/06/95
94 CSE 1335
West
03/17/95
94 CSE 1336
Nesnow
03/15/95
94 CSE 1338
Nesnow
03/15/95
94 CSE 1339
Beclon
03/15/95
94 CSE 1340
Becton
03/15/95
94 CSE 1342
Chess
05/22/95
94 CSE 1343
Chess
04/20/95
94 CSE 1344
Chess
06/01/95
94 CSE 1345
Mann
03/21/95
94 CSE 1346
Mann
03/21/95
94 CSE 1348
Gray
03/15/95
94 CSE 1350
Morrison
03/02/95
94 CSE 1351
Morrison
03/15/95
94 CSE 1352
Reilly
03/03/95
94 CSE 1354
West
03/17/95
94 CSE 1355
West
03/17/95
94 CSE 1357
Nesnow
03/15/95
94 CSE 1359
Becton
03/15/95
94 CSE 1369
Mann
05/02/95
94 CSE 1370
Mann
03/07/95
PUBLISHED DECISION
RECISTER CITATION
10:8
NORTH CAROLINA REGISTER
July 14, 1995
689
CONTESTED CASE DECISIONS
AGENCY
Michael R. Roberts v. Department of Human Resources
Cleothis B. Smith v. Department of Human Resources
Leroy Johnson Jr. v. Department of Human Resources
James Patterson v. Department of Human Resources
Thomas Colon v. Department of Human Resources
Walter Swiraiak Jr. v. Department of Human Resources
Marion Rodriguez v. Department of Human Resources
Jerry L. White Sr. v. Department of Human Resources
Dennis James Grimes v. Department of Human Resources
Scott John Tozzi v. Department of Human Resources
Roger A. Eaton v. Department of Human Resources
Willie J. Rowers Jr. v. Department of Human Resources
Jeffrey James Spence v. Department of Human Resources
Byron C. Alston v. Department of Human Resources
Oliver Lee Wolfe Sr. v. Department of Human Resources
James Tracy Strickland v. Department of Human Resources
Michael K. Reese v. Department of Human Resources
Albert D. Johnson v. Department of Human Resources
Johnny A. Stroud v. Department of Human Resources
Richard G. Med ford, Jr. v. Department of Human Resources
Theresa Strader v. Department of Human Resources
James F. Williams v. Department of Human Resources
John Bell Shelton v. Department of Human Resources
Kennedy C. Uzomha v. Department of Human Resources
Marion A. Ward v. Department of Human Resources
Robert H. Owens v. Department of Human Resources
Samuel A. Lewis v. Department of Human Resources
Robert Lee Wall v. Department of Human Resources
James M. Breaden Jr. v. Department of Human Resources
Peter G. Coley v. Department of Human Resources
Benjamin Nuriddin v. Department of Human Resources
Robert L. Carter v. Department of Human Resources
Danny Columbus Baker v. Department of Human Resources
Duke William Dupre' v. Department of Human Resources
Audrey Jennings v. Department of Human Resources
Michael A. Camp v. Department of Human Resources
Martin J. Miller v. Department of Human Resources
Willie Cherry, Jr. v. Department of Human Resources
William V. Glennon v. Department of Human Resources
Alaster Williams v. Department of Human Resources
Henry L. Gibbs v. Department of Human Resources
Roger Gene Fehlhaber v. Department of Human Resources
Lawrence Dow Dean v. Department of Human Resources
Beau L. Miller v. Department of Human Resources
Claude E. Alston v. Department of Human Resources
Elizabeth F. West v. Department of Human Resources
John H. Underwood v. Department of Human Resources
James T. Dudley Jr. v. Department of Human Resources
Lori Davis Humphrey v. Department of Human Resources
Robert L. Freeland, Jr. v. Department of Human Resources
Antonio Darden (IV-D #1237637) v. Department of Human Resources
Antonio Darden (IV-D #1280116) v. Department of Human Resources
Antonio Darden (IV-D #1233347) v. Department of Human Resources
Michael Shannon v. Department of Human Resources
Cyrus R. Luallen v. Department of Human Resources
Harold Dean Horn v. Department of Human Resources
James B. Miller v. Department of Human Resources
Glenn Allison v. Department of Human Resources
Louis R. Salamone v. Department of Human Resources
Lee R. Jones v. Department of Human Resources
Randy Norris Willis v. Department of Human Resources
Michael E. Bellamy v. Department of Human Resources
Eddie James Johnson v. Department of Human Resources
Coley C. Matthews v. Department of Human Resources
Willie J. Gadson v. Department of Human Resources
Joseph K. Gale wood V, Department of Human Resources
Donald Lee Bare Li tT v. Department of Human Resources
James W. Nunnery v. Department of Human Resources
CASE
DATE OF
NUMBER
ALJ
DECISION
94 CSE 1371
Mann
03/21/95
94 CSE 1373
Gray
03/15/95
94 CSE 1377
Mann
03/31/95
94 CSE 1378
Morrison
03/15/95
94 CSE 1379
Reilly
03/15/95
94 CSE 1382
West
03/17/95
94 CSE 1385
Nesnow
03/03/95
94 CSE 1387
Nesnow
03/15/95
94 CSE 1388
Becton
03/15/95
94 CSE 1389
Becton
03/15/95
94 CSE 1392
Gray
03/09/95
94 CSE 1393
Morrison
03/15/95
94 CSE 1394
Reilly
03/15/95
94 CSE 1396
Nesnow
03/03/95
94 CSE 1397
Mann
03/31/95
94 CSE 1398
Mann
03/31/95
94 CSE 1412
Gray
03/31/95
94 CSE 1413
Gray
06/26/95
94 CSE 1414
Gray
06/27/95
94 CSE 1415
Morrison
03/02/95
94 CSE 1416
Morrison
03/21/95
94 CSE 1417
Morrison
03/21/95
94 CSE 1419
Morrison
06/26/95
94 CSE 1420
Reilly
04/03/95
94 CSE 1421
Reilly
03/03/95
94 CSE 1423
Reilly
06/02/95
94 CSE 1424
Reilly
04/03/95
94 CSE 1425
West
03/31/95
94 CSE 1426
West
03/31/95
94 CSE 1427
West
03/31/95
94 CSE 1429
West
03/31/95
94 CSE 1430
Nesnow
03/24/95
94 CSE 1431
Nesnow
03/24/95
94 CSE 1432
Nesnow
03/24/95
94 CSE 1433
Nesnow
03/24/95
94 CSE 1435
Becton
03/06/95
94 CSE 1436
Becton
03/06/95
94 CSE 1439
Chess
03/03/95
94 CSE 1444
Mann
03/07/95
94 CSE 1445
Gray
03/02/95
94 CSE 1446
Morrison
03/21/95
94 CSE 1447
Reilly
04/03/95
94 CSE 1450
Gray
06/09/95
94 CSE 1452
West
03/07/95
94 CSE 1454
Nesnow
04/17/95
94 CSE 1455
Nesnow
03/07/95
94 CSE 1456
Nesnow
04/17/95
94 CSE 1457
Nesnow
04/28/95
94 CSE 1459
Becton
03/06/95
94 CSE 1460
Becton
04/07/95
94 CSE 1461
Becton
04/07/95
94 CSE 1462
Becton
04/07/95
94 CSE 1463
Becton
04/07/95
94 CSE 1466
Chess
06/09/95
94 CSE 1470
Mann
03/31/95
94 CSE 1471
Mann
03/07/95
94 CSE 1472
Mann
03/07/95
94 CSE 1473
Gray
03/02/95
94 CSE 1474
Gray
03/09/95
94 CSE 1475
Gray
05/19/95
94 CSE 1476
Morrison
03/21/95
94 CSE 1477
Morrison
03/02/95
94 CSE 1478
Morrison
03/02/95
94 CSE 1479
Morrison
03/21/95
94 CSE 1480
Reilly
04/10/95
94 CSE 1481
Reilly
06/26/95
94 CSE 1482
Reilly
04/10/95
94 CSE 1484
Nesnow
04/17/95
PUBLISHED DECISION
REGISTER CITATION
690
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
AGENCY
William Leroy Watkins v. Department of Human Resources
Bailey White v. Department of Human Resources
Peter Ian Obveira v. Department of Human Resources
Ronald E. Lewis v. Department of Human Resources
Wesley Kelvin Cook v. Department of Human Resources
Everett Lee Hunt v. Department of Human Resources
Ricky S. Blake v. Department of Human Resources
Rick E. Atkins v. Department of Human Resources
Carlos L. Robinson v. Department of Human Resources
Eddie O. Toro v. Department of Human Resources
Timothy Mark Johnson v. Department of Human Resources
Alan W. Karsner v. Department of Human Resources
Walter J. Sturdivant v. Department of Human Resources
Volna Ramone Gales v. Department of Human Resources
Bruce Kelly Jacobs v. Department of Human Resources
Tony Collins v. Department of Human Resources
Ronald O. Biggs v. Department of Human Resources
Keith Dewayne Senters v. Department of Human Resources
Marvin B. Harris v. Department of Human Resources
Jay C. Edwards, IH v. Department of Human Resources
William Hyman v. Department of Human Resources
Mahalon E. White v. Department of Human Resources
Dennis Ray Alexander v. Department of Human Resources
Joseph R. & Linda M. Grooms v. Department of Human Resources
Robert M. Martin v. Department of Human Resources
Ashton Berry Gatlin v. Department of Human Resources
Louis Cragg ID v. Department of Human Resources
Dennis Micheal Sanders v. Department of Human Resources
David A. Gaskins v Department of Human Resources
Kevin Ervin Kelley v. Department of Human Resources
Ellen Downing v. Department of Human Resources
Charles R. Hauley v. Department of Human Resources
Michael L. Schadler v. Department of Human Resources
Owen B. Fisher Jr. v. Department of Human Resources
Robin Delmar Goods v. Department of Human Resources
Julio Alvarado Jr. v. Department of Human Resources
Thomas A. Morgan v. Department of Human Resources
Terrence R. McLaughlin v. Department of Human Resources
Johnnie V. Johnson v. Department of Human Resources
Ward F. Miller v. Department of Human Resources
Joel P. Roth v. Department of Human Resources
Atward T. Warren v. Department of Human Resources
Albert Noah Dunlap v. Department of Human Resources
James E. Davis v. Department of Human Resources
Roger T. Benoy v. Department of Human Resources
Spencer P. Johnson v. Department of Human Resources
James A. Bryant v. Department of Human Resources
Conrade Dunklin v. Department of Human Resources
Kenneth J. Balfour v. Department of Human Resources
Willie A. Harris v. Department of Human Resources
Walter T. Townsend Jr. v. Department of Human Resources
Dennis W. Nolan v. Department of Human Resources
Roderick Odell Adams v. Department of Human Resources
Jonathan L. Payne II v. Department of Human Resources
Charles Scott Wilhoit v. Department of Human Resources
Mickey Bridget! v. Department of Human Resources
John Kimmons v. Department of Human Resources
Randolph J. Nunn v. Department of Human Resources
David Lester Gordon v. Department of Human Resources
Larry James Walker, Jr. v. Department of Human Resources
Wade A. Burgess v. Department of Human Resources
Anthony Harrison v. Department of Human Resources
Michael D. Tyree v. Department of Human Resources
Edward Fisher v. Department of Human Resources
Bernard Cooper v. Department of Human Resources
William Gray v. Department of Human Resources
Edward Lockhart v. Department of Human Resources
Jimmy R. Jackson v. Department of Human Resources
CASE
DATE OF
NUMBER
ALJ
DECISION
94CSE
1486
Nesnow
04/17/95
94CSE
1487
Nesnow
05/23/95
94CSE
1489
Becton
03/07/95
94CSE
1491
Becton
03/07/95
94CSE
1492
Becton
04/07/95
94CSE
1493
Chess
06/01/95
94CSE
1495
Chess
06/22/95
94CSE
1496
Chess
06/28/95
94CSE
1499
Mann
03/31/95
94 CSE
1500
Mann
03/31/95
94CSE
1502
Mann
05/02/95
94 CSE
1503
Mann
05/02/95
94 CSE
1504
Gray
06/26/95
94 CSE
1505
Gray
04/07/95
94 CSE
1508
Gray
03/31/95
94 CSE
1511
Gray
03/02/95
94 CSE 1512
Gray
04/07/95
94 CSE
1513
Gray
04/28/95
94 CSE
1533
Morrison
03/02/95
94 CSE
1534
Morrison
04/06/95
94 CSE
1535
Morrison
06/26/95
94 CSE
1537
Morrison
04/06/95
94 CSE
1538
Reilly
03/03/95
94 CSE
1539
ReiUy
03/07/95
94 CSE
1541
Reilly
03/07/95
94 CSE
1542
Reilly
04/10/95
94 CSE
1543
West
03/06/95
94 CSE
1544
West
06/23/95
94 CSE
1548
West
05/22/95
94 CSE
1549
Nesnow
06/02/95
94 CSE 1553
Nesnow
03/30/95
94 CSE
1554
Becton
03/07/95
94 CSE
1555
Becton
03/07/95
94 CSE 1562
Becton
04/07/95
94 CSE
1563
Becton
04/07/95
94 CSE
1564
Becton
05/22/95
94 CSE 1567
Chess
06/02/95
94 CSE
1569
Chess
03/07/95
94 CSE
1570
Chess
06/28/95
94 CSE
1571
Chess
04/19/95
94 CSE
1572
West
03/14/95
94 CSE
1573
West
03/31/95
94 CSE
1577
Reilly
04/10/95
94 CSE
1578
Reilly
04/10/95
94 CSE
1579
Reilly
03/03/95
94 CSE
1580
Reilly
04/10/95
94 CSE
1582
Morrison
04/06/95
94 CSE
1583
Morrison
04/06/95
94 CSE
1584
Morrison
03/07/95
94 CSE
1586
Morrison
04/06/95
94 CSE
1587
Gray
04/28/95
94 CSE
1590
Gray
03/31/95
94 CSE
1591
Gray
04/07/95
94 CSE
1592
Morrison
04/06/95
94 CSE
1594
Reilly
04/21/95
94 CSE
1595
West
05/08/95
94 CSE
1596
Nesnow
04/17/95
94 CSE 1608
Mann
03/21/95
94 CSE 1609
Mann
03/13/95
94 CSE 1610
Chess
06/01/95
94 CSE
1611
Chess
06/09/95
94 CSE 1615
Becton
04/07/95
94 CSE
1619
Becton
04/07/95
94 CSE
1621
Becton
04/07/95
94 CSE
1623
Nesnow
04/17/95
94 CSE
1645
Becton
04/25/95
94 CSE
1646
Chess
06/02/95
94 CSE
1648
Gray
03/09/95
PUBLISHED DECISION
REGISTER CITATION
10:8
NORTH CAROLINA REGISTER
July 14, 1995
691
CONTESTED CASE DECISIONS
AGENCY
Mark A. Jones v. Department of Human Resources
Ondino Damota Freitas v. Department of Human Resources
Tony Monzell Perry v. Department of Human Resources
Frank M. Swell v. Department of Human Resources
James B. Stokes Jr. v. Department of Human Resources
Andrew P. Jergens v. Department of Human Resources
Nelson Bennett v. Department of Human Resources
Eric L. McDonald v. Department of Human Resources
Herbert T. Robertson v. Department of Human Resources
Kenny R. Bradshaw v. Department of Human Resources
Eddie Harris Jr. v. Department of Human Resources
Ronnie P. Stephens v. Department of Human Resources
Anthony B. Gardner v. Department of Human Resources
Lewis M. Scarborough v. Department of Human Resources
Robert Larry Martin v. Department of Human Resources
Dwane M. Williams v. Department of Human Resources
Joseph O. Evans v. Department of Human Resources
Donald E. Kirby v. Department of Human Resources
Paul R. Ross v. Department of Human Resources
Bobby Dain Massey v. Department of Human Resources
Mandel Curry Edwards v. Department of Human Resources
Carol Jeanne Deese v. Department of Human Resources
Joyce Ann Wilkinson v. Department of Human Resources
Levern Wilson, Jr. v. Department of Human Resources
Michael A. Bradford v. Department of Human Resources
Johnny C. Cole v. Department of Human Resources
Rasoul Behboudi v. Department of Human Resources
William Rann v. Department of Human Resources
Matthew L. Ward v. Department of Human Resources
Sanders Gilliard Hunter v. Department of Human Resources
Clarence O. Hilliard v. Department of Human Resources
Distribution Child Support
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section
Rockingham County Department of Social Services
Crystean Fields v. Rockingham County DSS
Wake County Social Services
Grace A. Wright v. Wake County Social Services., Suzanne Woodell
and Craig Glenn
INSURANCE
Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan
Billy Gene Campbell v. Department of Insurance
JUSTICE
CAi
5E
DATE OF
NUMBKR
ALJ
DECISION
94CSE
1649
Morrison
03/07/95
94CSE
1650
Reilly
03/07/95
94CSE
1651
West
04/07/95
94 CSE 1652* 3
Reilly
05/16/95
94 CSE
1653
Becton
04/07/95
94 CSE
1655
Mann
05/22/95
94 CSE
1656
Gray
03/02/95
94 CSE
1657
Morrison
04/06/95
94 CSE
1679
Chess
06/28/95
94 CSE
1700
Reilly
04/10/95
94 CSE 1702
Becton
04/07/95
94 CSE
1703
Chess
06/28/95
94 CSE
1704
Mann
05/02/95
94 CSE
1725
West
05/25/95
94 CSE
1750
Chess
03/21/95
94 CSE
1759
Nesnow
06/09/95
94 CSE
1766
Chess
03/21/95
94 CSE
1767
Reilly
03/03/95
94 CSE
1778
West
03/06/95
94 CSE
1798
Gray
04/27/95
94 CSE
1799**
Gray
05/31/95
94 CSE
1814
Momson
04/27/95
95 CSE 0071
Becton
04/04/95
95 CSE 0073
Chess
06/28/95
95 CSE 0116
Mann
05/25/95
95 CSE 0118
Reilly
06/22/95
95 CSE 0147
West
05/18/95
95 CSE 0273
Phipp6
06/27/95
95 CSE 0280
Phipp6
06/27/95
95 CSE 0284
Phipps
05/22/95
95 CSE 0371
Reilly
05/25/95
PUBLISHED DECISION
REGISTER CITATION
95 DCS 0239
95 DHR 0316
94 DHR 1618
94 INS 1639
95 INS 0143
Phipps
Reilly
Chess
Chess
Reilly
05/02/95
06/01/95
05/03/95
05/24/95
04/20/95
Alarm Systems Licensing Board
Patrick P. Sassman v. Alarm Systems Licensing Board
Education and Training Standards Division
Ricky Dale McDevitt v. Sheriffs Ed. & Training Stds. Comm.
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm.
Nervin Joseph DeDeaux v. Criminal Justice Ed. &. Training Stds. Comm.
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm.
Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm.
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm.
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm.
94 DOJ 1825
Reilly
03/09/95
94 DOJ 1710
Nesnow
05/04/95
10:5 NCR
324
95 DOJ 0028
Becton
06/08/95
95 DOJ 0029
Reilly
05/16/95
95 DOJ 0043
Reilly
06/02/95
95 DOJ 0076
Morrison
04/06/95
95 DOJ 0101
Morrison
06/13/95
10:7 NCR
627
95 DOJ 0401
Nesnow
06/07/95
692
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Private Protective Services Board
Lewis Austin Saintsing v. Private Protective Services Board
Marcus T. Williams v. Private Protective Services Board
Melvin Ray Cooper v. Private Protective Services Board
Donnell E. Morrow, Jr. v. Private Protective Services Board
Private Protective Services Board v. James C. Purvis
Private Protective Services Board v. Samuel O. Smith
Jann Mitchell Stanley v. Private Protective Services Board
LABOR
Occupational Safety & Hea&h Division
Lenoir County Public Schools v. Department of Labor, OSHA
Wage and Hour Dividon
R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div.
PUBLIC INSTRUCTION
Glenn II, on behalf of Glenn II, and Glenn II, Individually v. Charlotte-
Mecklenburg County Schools
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie
County Board of Education
William Hewett v. State Board of Education
James Midgette v. State Board of Education
Deborah R. Crouse v. State Board of Education95 EDC 0003
Bobby G. Little v. Department of Public Instruction
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools
Lavern K. Suggs v. Guilford County Schools 95 EDC 0385
Kenneth G.H. Leftwich v. State Board of Education
STATE PERSONNEL
Caswell County Health Department
Delia Brown v. Caswell County Health Department
Julie R. Johnson v. Caswell County Health Department
N.C. Central University
Peter A. Fore v. N.C. Central University
Department of Commerce
T. Sherwood Jernigan v. Depl. of Commerce, Savings Institution Div.
Department of Correction
Nancy Gilchrist v. Department of Correction
Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole
Thomas Wayne Smathers v. Department of Correction
George J. McClease, Jr. v. Department of Correction
Ruth Kearney v. Department of Correction
Department of Crime Control and Public Safety
Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety
Office of the District Attorney
Shannon Caudill v. Office of the District Attorney for Judicial
District 17-B. and Administrative Office of the Courts
94 DOJ 1000
Chess
03/03/95
94 DOJ 1064
Chess
02/24/95
94 DOJ 1635
Reilly
03/09/95
94 DOJ 1823
Reilly
03/09/95
95 DOJ 0018
Chess
05/15/95
95 DOJ 0133
Chess
05/09/95
95 DOJ 0420
Morrison
05/24/95
95 DOL 0218
94 DOL 1524
94 OSP 0834
94 OSP 0865
93 OSP 0189
94 OSP 0775
94 OSP 1399
95 OSP 0188
Nesnow
West
93 EDC 0549
Chess
93 EDC 0742
Phipp6
94 EDC 0533
Gray
94 EDC 1401
Reilly
Chess
04/10/95
95 EDC 0168
Phipps
95 EDC 0225
Mann
Nesnow
06/02/95
95 EDC 0405
Nesnow
Nesnow
Reilly
Nesnow
West
05/01/95
03/23/95
03/16/95
05/30/95
03/31/95
05/02/95
03/20/95
05/15/95
05/25/95
06/12/95
03/15/95
06/13/95
05/25/95
94 OSP 0121
West
03/09/95
94 OSP 0332
West
05/15/95
94 OSP 0590
West
03/23/95
94 OSP 0644
Gray
04/19/95
94 OSP 1807
Becton
03/13/95
Nesnow
06/13/95
03/20/95
10:2 NCR 179
10:8
NORTH CAROLINA REGISTER
July 14, 1995
693
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
A1J
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
95 OSP 0038* 7
95 OSP 0057* 7
94 OSP 0358
94 OSP 1597
94 OSP 0499
East Carolina University
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al.
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al.
Department of Environment, Health, and Natural Resources
Babette K. McKemie v. EHNR, Div. of Environmental Management
FayettevWe Stale University
George Benstead v. FayeUeville State University
Forsyth Stokes Mental Health Center
Michael Howell v. Forsyth Stokes Mental Health Center
Department of Human Resources
April Benfield v. Department of Human Resources
and
Western Carolina Center
Eugene Hightower, Jr. v. Department of Human Resources, EEO
Rebecca Johnson v. Human Resources, Special Care Center
Cherry Hospital
William H. Cooke v. DHR. Cherry Hospital
Durham County Department of Social Services
Delores H. Jeffers v. Durham County Department of Social Services
Gaston Couruy Department of Social Senices
Bobbie J. Gilliam v. Gaston County Department of Social Services
Iredell County Department of Social Senices
Vernon E. Grosse v. Iredell County Department of Social Services
Bonnie N. Bellamy v. Iredell County Department of Social Services
Wake County Department of Health
Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir.
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens
Thomasine D. Avery v. Wake County/Health Department
Wake County Department of Social Senices
Olivia L. Jordan v. Wake County /Department of Social Services
Department of Labor
Michael Robert Smith v. Department of Labor 94 OSP 0610 Nesnow
Lee~Hamett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority
Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 94 OSP 0750
North Carolina State University
Wesley Brown v. N.C. State University
David L. Bauer v. North Carolina Stale University
Billy Ray Kelly v. NCSU Physical Plant
Becton
Becton
Nesnow
Chess
93 OSP 1547
94 OSP 0939
94 OSP 0770
94 OSP 0282
94 OSP 0739
Gray
Morrison
West
Becton
Chess
94 OSP 11 79** Nesnow
06/09/95
Gray
06/08/95
06/08/95
05/31/95
04/04/95
03/24/95
94 OSP 1758
Nesnow
06/07/95
94 OSP 1811
West
05/04/95
95 OSP 0138
West
03/31/95
03/16/95
06/12/95
05/24/95
03/09/95
03/01/95
94 OSP 1032**
Nesnow
06/12/95
94 OSP 1072* 8
Nesnow
06/12/95
94 OSP 1074* 8
Nesnow
06/12/95
06/12/95
03/20/95
10:01 NCR 48
94 OSP 1173
Reilly
06/30/95-
10:8 NCR
700
95 OSP 0044
Morrison
04/25/95
95 OSP 0130
West
03/22/95
694
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Orange-Person-Chatham Mental Health
Patricia A. Harris v. Orange-Person-Chatham Mental Health
Department of Transportation
Michael E. Komegay v. Department of Transportation
Robert F. Goins v. Department of Transportation
University of North Carohna
Beth Ann Miller v. UNC Student Health
UNC Hospitals
David Patrick Malone v. Univ. of NC Hospital at Chapel Hill
Lillian C. Daniels v UNC Hospital
Wake County
Mark Morgan v. Wake County
STATE TREASURER
John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys.
Channie S. Chapman v. BdATrustees//NC Local Gov. Emp. Ret Sys.
Bryan L. Basden v. Retirement Systems Division
95 OSP0162
93 OSP 1700
94OSP02S1
94 OSP 0800
94 OSP 0771
95 OSP 0056
94 OSP 0937
West
Gray
Chess
Nesnow
Becton
Morrison
Nesnow
04/11/95
03/24/95
05/30/95
05/25/95
03/14/95
05/11/95
04/28/95
10:4 NCR 287
91 DST 1093
Nesnow
05/04/95
94 DST 0443
Morrison
05/15/95
95 OSP 0171
Chess
06/21/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
695
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
94EHR1756
N.C. DEFT. OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES,
Petitioner,
v.
ROYAL JAMES CAFE
ED & SUE BOOK, OWNERS,
Respondents.
RECOMMENDED DECISION
This matter was heard before the undersigned administrative law judge on March 21 , 1995 in New Bern, North Carolina.
At the conclusion of the hearing, the parties were afforded an opportunity to file post-hearing submissions.
APPEARANCES
For Petitioner: John P. Barkley, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina.
For Respondent: Pro se.
ISSUE
Whether the Petitioner's immediate revocation of the Respondents' restaurant permit was proper.
STATUTES AND RULES INVOLVED
N.C. Gen. Stat. §130A-23(d)
N.C. Gen. Stat. §130A-248
N.C. Gen. Stat. §130A-249
15A NCAC 18A .2601 - .2633
EXHIBITS
The following exhibit offered by the Petitioner was received in evidence:
Inspection Sheet for 11/30/94.
The following exhibits offered by the Respondent were received in evidence:
PI.
Rl.
R2.
R3.
R4.
R5.
R6.
William Arrington's September 14, 1994 instructions regarding steps needed to improve the Royal James Cafe's sanitation
grade.
William Arrington's December 6, 1994 instructions regarding steps needed to improve the Royal James Cafe's sanitation
grade.
A December 21, 1994 checklist for the Royal James Cafe.
13x9 inch metal cake pan with metal lid cover.
Rubbermaid 19 cup Servin' Saver.
Piece of wood.
696
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CONTESTED CASE DECISIONS
Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and
admissible evidence, the undersigned makes the following:
FINDINGS OF FACT
1. On November 30, 1994, William Arrington, Jr., an Environmental Health Specialist with the Carteret County Health
Department, conducted a routine quarterly inspection of the Royal James Cafe in Beaufort, North Carolina.
2. Mr. Arrington scored the restaurant at a grade of 64.
3. Mr. Arrington immediately revoked the restaurant's permit.
4. The minimum score necessary to maintain a Grade C rating is 70.
5. During a previous quarterly inspection of the Royal James Cafe conducted on February 17, 1994, the restaurant had
received a grade of 90. The Respondents were warned at that time that there were several areas that needed improving
and failure to correct the problems could result in a grade of B or lower.
6. The September 14, 1994 inspection resulted in a grade of 80. Mr. Arrington went over the problems he observed with
Sue Book, co-owner, and Linda Duncley, the manager.
7. On December 6, 1994, Mr. Arrington provided the Respondents with a list of all the areas requiring maintenance before
a new permit for the restaurant could be issued.
8. After the Respondents made the necessary improvements, a new permit was issued on December 30, 1994.
9. During the inspection conducted on February 2, 1995, the restaurant received a grade of 96.5.
10. North Carolina General Statutes §130A-23(d) provides in pertinent part as follows:
A permit issued pursuant to G.S. 130A-228 or G.S. 130A-248 shall be revoked immediately
for failure of a market or a facility to maintain a minimum grade of C. The Secretary shall
immediately give notice of the suspension or revocation and shall immediately file a petition
for a contested case in accordance with G.S. 150B-23.
Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following:
CONCLUSIONS OF LAW
1. The North Carolina General Assembly has adopted a regulatory system for restaurants and other food handling
establishments which is codified in North Carolina General Statues §§130A-247 through 130A-250. In these statutes, the
General Assembly has given rulemaking authority to the Commission for Health Services to regulate such establishments.
Within this authority, the General Assembly has instructed the Commission to adopt a grading system, and the Commission
has adopted such a system in its rules that establishes a score of 70% as the minimum score to retain a grade of C.
2. North Carolina General Statutes §130A-23 provides for the immediate revocation of any food establishment's permit when
the establishment receives a score below 70 during any quarterly inspection.
3. The Petitioner concedes that the Respondents' permit to operate a restaurant is a property interest which cannot be taken
away without due process of law.
4. The Respondents contend that due process required that they receive notice and an opportunity to be heard prior to any
revocation of their permit to operate their restaurant.
5. Although the Respondents contend that the immediate revocation of their permit violates their right to due process, the
courts have long recognized that affording due process also involves a balancing of the interests of all citizens, and at times
10:8 NORTH CAROLINA REGISTER July 14, 1995 697
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the state has a legitimate interest in acting prior to providing an opportunity for a hearing in order to protect the rights of
others.
6. Where the State has an important interest to protect and probable cause to believe that an individual or operation poses a
real and immediate danger to that interest, interim or temporary emergency deprivation of a property right pending a
prompt judicial or administrative hearing is constitutional. In re Lamm . 116 N.C. App. 382, 448 S.E.2d 125 (1994).
7. The statutes regulating restaurants and other food handling establishments reflect the General Assembly's recognition of
the need to protect the public health due to the dangers inherent in food handling activities. However, unless a
determination is made that an imminent hazard exists or that the facility is so poorly operated that it cannot maintain a
grade of C, a restaurant is given an intent to suspend or revoke notice and an opportunity for a hearing prior to being
closed. N.C. Gen. Stat. §130A-23.
8. The General Assembly has determined that when an imminent hazard exists or an establishment's grade falls below a C,
the threat to the public's health requires the immediate revocation of the establishment's permit, followed by immediate
notice and petition for a hearing. In making such a determination, the General Assembly attempted to balance the rights
of the individual against the rights of the public and determined that in certain circumstances, such as an establishment
receiving a grade below 70%, some limitations on the individual's rights are necessary to protect the public's health and
welfare.
9. The courts have utilized a three step balancing test which examines the following factors to resolve due process issues
involving the necessity for a predeprivation hearing:
First, the private interest that will be affected by the official action; second, the risk of an
erroneous deprivation of such interest through the procedures used, and the probable value,
if any, of additional or substitute procedural safe-guards; and, finally, the government's
interest, including the function involved and the fiscal and administrative burdens that the
additional or substitute procedural requirement would entail.
Matthews v. Eldridge , 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed. 2d 18, 53 (1976).
10. Here, the private interest affected by the challenged official action is that of restauranteurs' interest in continued operation
of their restaurant pending a hearing on the issue of whether the restaurant's continued operation poses a threat to the public
safety for failure to meet certain sanitation standards. Our courts have noted that such an interest is not an insubstantial
one since a license suspension or revocation cannot be undone. "The state does not make a [licensee] whole for any
personal inconvenience and economic hardship suffered during a delay between erroneous deprivation and postsuspension
restoration of [the licensee's] privileges." Henry v. Edmisten , 315 N.C. 474, 482, 340 S.E.2d 720, 726 (1986).
1 1. For purposes of determining whether license revocation procedures satisfy due process requirements, several factors, such
as the maximum period for which the license can be revoked, the timeliness of postsuspension review, and the existence
of hardship relief, affect the weight of the licensee's interest in continuous use of his licensed privileges. Henry v.
Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986).
12. Where prompt postsuspension review is available, the presence of such review reduces the need for hardship relief and
together with the brevity of the suspension period, reduces the actual weight of the private interest in continuous use and
possession of one's license pending the outcome of the hearing. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720
(1986). Neither the statute nor rules involved in this case address the issue of the duration of the automatic license
revocation or the availability of hardship relief. While contested case proceedings are to be instituted immediately, there
is no time limitation regarding when a final agency decision must be rendered.
13. The second step in the balancing test requires the weighing of the risk of erroneous deprivation of the private interest as
a result of the procedures used and the probable value of additional procedural safeguards. Due process does not demand
governmental decision making must comply with standards that assure error-free determinations. When prompt
postdeprivation review is available, due process generally requires no more than that predeprivation procedures used be
designed for determining that the facts justifying the official action are as a responsible government official warrants them
to be. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986); In re Lamm , 116 N.C. App. 382, 448 S.E.2d 125
(1994). The Petitioner's procedures do not provide for any review by anyone, including even a supervisor, to determine
that the facts justifying the license revocation are as the person conducting the inspection claims them to be. Thus, the
inherent risk of error is great. Review of the inspection report by at least one other official would dimish the risk of error
698 NORTH CAROLINA REGISTER July 14, 1995 10:8
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and would not unduly delay action that protects the public welfare.
14. The third and final factor that must be weighed is the state's interest served by the summary procedure used. The
proceeding prescribed by North Carolina General Statutes §130A-23(d) promotes the State's compelling need to protect
the public health due to the dangers inherent in food handling activities. The summary and automatic character of the
revocation is reasonably related to the purpose of the statute, i.e., to protect the public from food handling practices that
pose a threat to public health and safety. The regulatory scheme for licensing food handling establishments provides a
rational basis for a legitimate state interest that is reasonably necessary to prevent the infliction of public harm.
Predeprivation hearings requiring notice and opportunity to be heard could encourage dilatory tactics on the part of
licensees to try to maintain their license, frustrating the purpose of the statute and creating a further risk of harm to his or
herclietale and the proper administration of justice. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986); In re
Lamm , 116 N.C. App. 382, 448 S.E.2d 125 (1994).
15. Nevertheless, balancing the statute's procedure for revoking a licensee's license, the state's compelling interest in the
public's health and safety does not in this instance outweigh the private interests involved and the risks of erroneously
depriving those interest.
16. The immediate revocation of the Respondents' permit was carried out in accordance with the provisions of North Carolina
General Statutes §130A-23.
17. The evidence establishes that there were numerous violations of the regulations regarding the operation of a food handling
establishment at the Respondents' premises and the imposition of a score below a Grade C was not arbitrary or capricious.
Had a postdeprivation hearing been required within some reasonable period of the revocation or had some predeprivation
review to determine that the inspection had been carried out properly occured, then the Respondents' due process claims
would have been without merit
18. The powers of an administrative law judge do not include the authority to declare a provision of the general statutes
unconstitutional. The undersigned is, however, of the opinion that the statutory provision for automatic revocation of a
license whenever an establishment receives a sanitation grade of below 70% which provides no safeguards to assure that
the facts precipitating the revocation are true or prompt postdeprivation hearing violates due process.
RECOMMENDED DECISION
The North Carolina Department of Environment, Health, and Natural Resources will make the final decision in this matter. It is
recommended that the agency suspend its revocation of the Respondents' permit and petition the superior court for review of the
constitutionality of the statutory provision involved in this contested case.
ORDER
It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. Drawer
27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b).
NOTICE
Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B-36(a)
to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written arguments to those
in the agency who will make the final decision.
The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision on all
parties and to furnish a copy to the Parties' attorney of record.
This the 30th day of June, 1995.
Brenda B. Becton
Administrative Law Judge
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CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
94 0SP1173
WESLEY BROWN,
Petitioner,
N.C. STATE UNIVERSITY,
Respondent.
RECOMMENDED DECISION
The above-captioned hearing was heard before Robert R. Reilly, Administrative Law Judge, on March 2, 1995, May 3-4,
1995, and May 26, 1995, in Raleigh, North Carolina.
APPEARANCES
For Petitioner:
For Respondent:
1.
2.
Alan McSurely
157 x h East Franklin St.
Chapei Hill, NC 27514
Celia Grasty Jones
Associate Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
ISSUES
Did the Respondent have just cause to dismiss the Petitioner from his employment for improper personal conduct?
Did the Respondent unlawfully discriminate against Petitioner on the basis of his race in dismissing him?
3. In dismissing Petitioner, did the Respondent unlawfully retaliate against him for speech associated with workplace
concerns or for exercising his right to bring a previous employment-related grievance?
4. Did the Respondent follow the proper procedure in suspending and dismissing Petitioner?
STATUTES AND RULES INVOLVED
N.C. Gen. Stat. 126-35
N.C. Gen. Stat. 126-36
N.C. Admin. Code, tit. 25, r. U .0600 et seq.
42U.S.C. §§ 2000e et seq.
29 C.F.R. Part 1910
N.C. Admin. Code, tit. 13, r. 7F .0101
STIPULATION AGREEMENTS
The Petitioner was a permanent State employee and was subject to the provisions of the State Personnel Act.
FINDINGS OF FACT
1. Petitioner, Wesley Brown, began working for the Respondent, North Carolina State University (NCSU) in its
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Physical Plant on or about January 21, 1980.
2. In March of 1994, Petitioner held the position of Electrician II in NCSU's Physical Plant, and was assigned to
NCSU's College of Veterinary Medicine under the supervision of Lawrence Bradley, Assistant to the Director of Physical Plant
for College of Veterinary Medicine Services.
3. In March of 1994, Petitioner was the only African-American trades employee stationed at the College of
Veterinary Medicine, although his supervisor Mr. Bradley also is African- American.
4. In March of 1994, the immediate supervisor of the trade shops at the College of Veterinary Medicine was Garden
Freeman, a Caucasian maintenance mechanic.
5. During his employment at NCSU, Petitioner had been active in the NCSU Physical Plant Employees Association
and served for a period of time as the Association's president. In that capacity Petitioner voiced concerns to Physical Plant
management, including Mr. Bradley and Physical Plant Director James Vespi, about workplace practices such as proposed changes
in certain duties of Physical Plant housekeeping employees.
6. In 1993, Petitioner filed a grievance under NCSU's Grievance and Appeal Procedure, alleging racial
discrimination in his failure to receive a promotion. In the same year Petitioner also filed an EEOC Charge based on the same
grievance.
7. Mr. Bradley testified that he was aware of Petitioner's grievance, but was not involved in the events leading to
the grievance or its resolution.
8. Prior to March 1994, Petitioner maintained a good work performance record and had received no disciplinary
action.
9. NCSU's Physical Plant has established and maintains a Respiratory Protection Program (the Program) for its
employees. The Program's objective is to eliminate or minimize employee exposure to recognized airborne hazards that are likely
to cause death or serious physical harm, as required by federal occupational health and safety law, in particular 29 C.F.R. §
1910.134.
10. 29 C.F.R. § 1910.134 provides, in pertinent part:
(a) Permissible practice . (1) In the control of those occupational diseases caused by breathing
air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the
primary objective shall be to prevent atmospheric contamination. This shall be accomplished
as far as feasible by accepted engineering control measures. . . . When effective engineering
controls are not feasible, or while they are being instituted, appropriate respirators shall be
used pursuant to the following requirements.
(2) Respirators shall be provided by the employer when such equipment is necessary to protect
the health of the employee. . . . The employer shall be responsible for the establishment and
maintenance of a respiratory protective program which shall include the requirements outlined
in paragraph (b) of this section.
(3) The employee shall use the provided respiratory protection in accordance with instructions
and training received.
(Respondent's Exhibit 1)
11. The Program is coordinated by Harold J. "Jim" Thomas, Assistant to the Director of Physical Plant for Safety,
and Lisa Sasser, Manager for Personnel and Training for Physical Plant, and is administered by Physical Plant in conjunction with
NCSU's Department of Environmental Health and Safety.
12. Mr. Thomas testified that, in accordance with the requirement of 29 C.F.R. § 1910.134(a), it is the policy and
practice of Physical Plant that no employee may enter an area of possible hazardous exposure without prior identification of the
hazard, application of engineering controls to eliminate the hazard if possible, and proper respiratory protective equipment as dictated
by the type of hazard present.
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CONTESTED CASE DECISIONS
13. 29 C.F.R. § 1910.134 further provides, in pertinent part:
(b) (10) Persons should not be assigned to tasks requiring use of respirators unless it has been
determined that they are physically able to perform the work and use the equipment. The local
physician shall determine what health and physical conditions are pertinent. The respirator
user's medical status should be reviewed periodically (for instance, annually).
(Respondent's Exhibit 1)
14. The Program provides respirator training and fit testing for Physical Plant employees who have been designated
by their supervisors to participate in the Program, and who have been determined to be medically fit to wear a respirator. Mr.
Thomas testified that Physical Plant supervisors were instructed to designate employees to participate in the Program on the basis
of the supervisor's determination whether those employees might encounter airborne hazards in the performance of their duties.
15. In compliance with 29 C.F.R. § 1910.134, Physical Plant requires employees who are designated as participants
in the Program to undergo a medical examination at periodic intervals to determine whether they are medically fit to wear a
respirator.
16. In 1994, the required medical examinations were administered by physicians affiliated with the Duke Occupational
Health Service of the Duke University Medical Center. Mr. Thomas testified that the Duke Occupational Health Service was chosen
for its specialty in occupational medicine, and, as a healthcare provider independent of NCSU, to eliminate any potential conflict
of interest between the employer's objectives and the employees' health interests.
17. Mr. Thomas testified that the scope of the medical examination for determination of respirator fitness was
determined by the Duke Occupational Health Service, in accordance with the requirement of 29 C.F.R. § 1910. 134(b)(10).
18. Physical Plant employees who are determined to be medically fit receive training in respirator use and are fitted
with a respirator appropriate to the types of hazards they are likely to encounter. Employees with facial hair use a special type of
negative pressure respirator called a RACAL unit, which does not need to be individually fitted.
19. Mr. Thomas testified that Physical Plant employees who are determined to be medically unfit for respirator use
cannot be required to perform any tasks requiring the use of a respirator, as provided by 29 C.F.R. § 1910. 134(b)(10).
Accordingly, those employees would not continue to participate in the training and fit-testing aspects of the Program.
20. Bobby Davis, a Safety Compliance Officer with the Occupational Safety and Health division of the North Carolina
Department of Labor, testified that he investigated Physical Plant's Program as the result of an anonymous complaint lodged with
his office in January of 1995. Mr Davis testified that the complaint alleged that the Program did not provide adequate training and
information about possible hazardous exposures, and that the Program was not providing the required medical fitness examinations.
Mr. Davis testified that, on the basis of his investigation, he determined that the Program as designed and implemented presently
and in 1994 was in full compliance with applicable occupational health and safety law.
21. Mr. Bradley designated the Petitioner, along with other tradespersons under his supervision, to participate in the
Program. On February 23, 1994, Physical Plant published a schedule listing the date on which each designated employee was to
attend his or her medical examination. (Petitioner's Exhibit 3) The schedule showed that Petitioner's medical appointment was
March 18, 1994 at 9:00 a.m. The schedule also identified Petitioner, who wears a beard, as a RACAL user and indicated that
Petitioner and other RACAL users were to receive training on March 25, 1994.
22. Pat Grantham issued an individual memorandum addressed to Petitioner, informing him that his medical
examination was scheduled for March 18, 1994 at 9:00 a.m. (Petitioner's Exhibit 6) In early 1994, Ms. Grantham coordinated
Physical Plant safety and technical training under the supervision of Lisa Sasser.
23. On March 10, 1994, Garden Freeman issued a memorandum to Pat Grantham, stating that Petitioner and another
designated employee, Frankie Griffin, did not wish to participate in the Program on the basis of their belief that they would not need
a respirator in their job classification. (Petitioner's Exhibit 5) Mr. Freeman then left on a week's vacation.
24. Mr. Bradley later became aware of Mr. Freeman's memorandum and met on March 17, 1994 with Petitioner,
Mr. Griffin, and another employee, Tim Albright. Mr. Bradley informed these employees that he was overriding Mr. Freeman's
memorandum, and that they would be required to participate in the Program including attending their scheduled medical
702 NORTH CAROLINA REGISTER July 14, 1995 10:8
CONTESTED CASE DECISIONS
examinations.
25. Mr. Griffin testified that he and Mr. Albright told Mr. Bradley that they would attend their medical examinations
as scheduled. Petitioner, however, told Mr. Bradley that he would not go to his medical examination.
26. Petitioner testified that he told Mr. Bradley that he needed more information about the Program. Mr. Bradley
testified that Petitioner did not specify what information was wanted, but that he told Petitioner he would have information ready
for him when he returned from the examination. Mr. Bradley instructed Petitioner that if he failed to attend the examination
scheduled for him the following morning he would be considered insubordinate and could expect disciplinary action.
27. On March 18, 1994, Mr. Bradley learned that Petitioner had not attended the scheduled medical examination.
On the same date, Mr. Bradley issued to Petitioner written notice of a pre-suspension conference to be held Monday, March 21,
1994, citing Petitioner's insubordination in refusing to attend the required medical examination. (Petitioner's Exhibit 7)
28. At the pre-suspension conference held March 21, 1994, Mr. Bradley informed Petitioner that he would be
suspended for three days without pay for insubordination in refusing to attend the required medical examination. Mr. Bradley
informed Petitioner that he would be scheduled to attend a medical examination at 10:45 a.m. on the morning of his return to work,
March 24, 1994, and that he would be dismissed if he failed to attend the rescheduled examination. Petitioner's written notice of
suspension, sent to him via certified mail, included the same information Mr. Bradley conveyed to Petitioner orally. (Petitioner's
Exhibit 7 at p. 48)
29. Petitioner returned to work on March 24, 1994, but he did not attend the medical examination scheduled for that
day. Mr. Bradley issued Petitioner a written notice of a pre-dismissal conference to be held March 25, 1994 as the result of
Petitioner's failure to attend the medical examination scheduled for March 24, 1994. (Petitioner's Exhibit 8)
30. In the pre-dismissal conference, Mr. Bradley gave Petitioner an opportunity to provide additional information to
support his position. Petitioner again stated that he wanted more information and added that he did not want a strange physician
probing his body. Mr. Bradley testified that Petitioner did not request an alternate arrangement for his examination or object to the
scope of the examination. Petitioner told Mr. Bradley that he was not going to the examination.
31. On March 25, 1994, Mr. Bradley also issued Mr. Freeman a written warning, on the grounds that Mr. Freeman
had sent the memorandum of March 10, 1994 to Pat Grantham without prior consultation with Mr. Bradley.
32. On March 28, 1994, Mr. Bradley met with Petitioner and informed him that, after consideration of his actions
and the information he had presented, Mr. Bradley had determined that Petitioner should be dismissed on grounds of improper
personal conduct for his repeated refusal to take the required medical examination. Mr. Bradley gave Petitioner a letter of dismissal
including a summary of the grounds for dismissal and a statement of his appeal rights. (Petitioner's Exhibit 9)
33. Mr. Vespi testified that all other Physical Plant employees designated to participate in the Program, except for
Petitioner, took their scheduled medical examinations.
34. Petitioner filed a grievance of his suspension and dismissal as provided by NCSU's Grievance and Appeal
Procedure (Appeal Procedure). The disciplinary actions were upheld at the Step 2 level of the Appeal Procedure. At Step 3 of the
Appeal Procedure, a hearing was held before a Grievance Panel consisting of three NCSU SPA employees in accordance with the
Appeal Procedure.
35. The Grievance Panel prepared its recommendations on or about September 7, 1994. (Respondent's Exhibit 8)
The Grievance Panel found that Petitioner's dismissal for insubordination was justified. Citing management's lack of responsiveness
to Petitioner's request for information, however, the Grievance Panel recommended, with respect to Petitioner, that Petitioner be
reinstated without demotion or reduction in salary or benefits, but without back pay or benefits during the period of his suspension
and dismissal, and with the further condition that Petitioner's failure to take the required medical examination within one month and
otherwise to fully comply with the Program's requirements would be considered grounds for automatic dismissal.
36. In accordance with the Appeal Procedure, the Grievance Panel submitted its recommendations to George Worsley,
NCSU Vice Chancellor for Finance and Business, for the rendering of a final decision on Petitioner's grievance. On September
23, 1994, Mr. Worsley issued his final decision in the form of a letter to Petitioner. (Petitioner's Exhibit 10-A,B)
10:8 NORTH CAROLINA REGISTER July 14, 1995 703
CONTESTED CASE DECISIONS
37. Mr. Worsley found that Petitioner had been insubordinate. Mr. Worsley accepted the Grievance Panel's
recommendation that Petitioner nevertheless be offered reinstatement without demotion or reduction in salary or benefits, but without
back pay or benefits for the period of suspension and dismissal, on condition that Petitioner agree to take the required medical
examination and complete other Program requirements within thirty calendar days of reinstatement.
38. Petitioner did not respond to Mr. Worsley's letter of September 23, 1994.
CONCLUSIONS OF LAW
1.
just cause.
N.C.G.S. § 126-35 provides, in relevant part, that no permanent State employee may be discharged except for
2. N.C.G.S. § 126-35(a) and 25 N.C.A.C. 01J .0608 provide, in relevant part, that permanent State employees may
be discharged without prior oral or written warning for reasons related to improper personal conduct. Written notification to the
employee and a pre-dismissal conference are required.
3. 25 N.C.A.C. 01J .0604(d) defines personal misconduct as follows:
(1) conduct for which no reasonable person should expect to receive prior warnings;
(2) job-related conduct which constitutes a violation of state or federal laws;
(3) conviction of a felony or an offense involving moral turpitude;
(4) the willful violation of known or written work rules; or
(5) conduct unbecoming a state employee that is detrimental to state service.
4. 25 N.C.A.C. 01J .0604(a) provides, in relevant part, that the degree and type of disciplinary action taken is to
be based upon the sound and considered judgment of the appointing authority [Le., the employer].
5. 25 N.C.A.C. 01J .0606(2) requires the supervisor to give advance notice of and conduct a pre-dismissal
conference with the employee; to give the employee oral or written notice of the recommendation for dismissal, including specific
reasons and a summary of the information supporting the recommendation; and to give the employee an opportunity to respond,
refute offered information, and offer arguments or information to support his or her position.
6. 25 N.C.A.C. 01J .0606(3) requires the employer to provide a written letter of dismissal containing the specific
reasons for dismissal, the effective date, and the employee's appeal rights.
7. In administering its Respiratory Protection Program, Physical Plant is governed by the requirements of federal
occupational health and safety laws, in particular 29 C.F.R. § 1910. 134, which requires inter alia that employees be determined to
be medically fit for respirator use before they may be assigned to a task that may require respirator use.
8. N.C.G.S. § 126-36 provides that a State employee may appeal to the Office of Administrative Hearings certain
adverse employment actions, including termination of employment, that he has reason to believe occurred in retaliation for opposition
to alleged discrimination or because of, inter alia , his race or color.
9. The ultimate purpose of N.C.G.S. § 126-36 is the same as the purpose of Title VII of the Civil Rights Act of
1964 (42 U.S.C. § 2003 et seq .): the elimination of discriminatory practices in employment. Therefore, the law governing Title
VII claims also governs claims under G.S. 126-36. North Carolina Dept. of Correction v. Gibson , 308 N.C. 131, 136-37, 310
S.E.2d 78, rev'd on other grounds , 308 N.C. 131, 301 S.E.2d 78 (1983).
10. The law interpreting Title VII provides that the employee has the ultimate burden of proof to show, by the
preponderance of the evidence, that the employer intentionally discriminated or retaliated against him in discharging him from
employment. Gibson , 308 N.C. at 138; North Carolina Dept. of Correction v. Hodge , 99 N.C. App. 602, 606, 394 S.E.2d 285
(1990); Gadson v. North Carolina Mem. Hospital , 99 N.C. App. 169, 171, 392 S.E.2d 618 (1990).
1 1 . The employee's threshold burden in establishing a prima facie case of racial discrimination is to provide sufficient
evidence to raise an inference of racial Discrimination in the dismissal, by showing that (1) he is a member of a protected class, Le.,
a racial minority; (2) he was discharged; and (3) a similarly situated employee who was not a member of the protected class was
retained under apparently similar circumstances. Gibson , 308 N.C. at 137; Hodge , 99 N.C. App. at 61 1. If the employee can make
out this prima facie case, the employer must articulate some legitimate nondiscriminatory reason for the discharge. Upon that
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showing, the employee then assumes the burden to prove, by the preponderance of the evidence, that the employer's proffered reason
is actually a pretext for intentional discrimination. Gibson , 308 N.C. at 137-38.
12. An employee alleging retaliatory discharge must establish, by the preponderance of the evidence, a prima facie
case showing that (1) he engaged in protected activity; (2) he was dismissed; and (3) a causal connection existed between the
protected activity and the dismissal. Ross v. Communications Satellite Corp. , 759 F.2d 355, 365 (4th Cir. 1985). If the employee
can make out a prima facie case, the employer must articulate a nonretaliatory reason for the discharge. The burden is then on the
employee to show, by the preponderance of the evidence, that the employer's asserted reason was pretextual, Le., that the dismissal
would not have occurred but for the protected conduct. Ross , 759 F.2d at 365-66.
13. It is concluded that the evidence is sufficient to show that Petitioner twice refused to obey his supervisor's
reasonable order to attend a medical examination required of Petitioner in connection with NCSU's Respiratory Protection Program,
and that Petitioner's conduct constitutes personal misconduct.
14. It is concluded that NCSU had just cause to suspend and subsequently dismiss Petitioner for personal misconduct.
15. It is concluded that Petitioner's evidence is insufficient to establish a prima facie case showing that NCSU
unlawfully discriminated against Petitioner on the basis of his race in suspending and dismissing him for his refusal to attend a
required medical examination.
16. It is concluded that Petitioner's evidence is insufficient to show that, in suspending and dismissing Petitioner,
NCSU unlawfully retaliated against him for his involvement in the NCSU Physical Plant Employees Association or for his having
filed a prior grievance and EEOC Charge on another employment-related matter.
17. It is concluded that the procedural aspects of Petitioner's suspension and dismissal conformed in all respects to
the requirements of the State Personnel Act and interpreting regulations.
RECOMMENDATION
NCSU had just cause to suspend and dismiss Petitioner. Petitioner has not shown that NCSU exceeded its authority or
jurisdiction, acted erroneously, failed to use proper procedure, failed to act as required by law or rule, or acted arbitrarily or
capriciously. Petitioner has not shown that NCSU unlawfully discriminated or retaliated against him in his suspension and dismissal.
Therefore, Petitioner is entitled to none of the requested relief. NCSU's final agency decision should be upheld. Within fifteen
calendar days of NCSU's receipt of notice of the State Personnel Commission's final decision, Petitioner should be offered, in
writing, reinstatement to comparable employment under the conditions as specified in George Worsley's letter of September 23, 1994
(Petitioner's Exhibit 10-A,B), with the added condition that Petitioner must indicate acceptance of that offer and conditions in writing
to Mr. Worsley within fifteen calendar days of the date of receipt of the renewed offer. Without timely receipt by Mr. Worsley
of such written acceptance. Petitioner's dismissal will remain effective.
ORDER
It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(b).
NOTICE
Before the State Personnel Commission makes the Final Decision, it is required by N.C. Gen. Stat. § 150B-36(a) to give
each party an opportunity to file exceptions to this recommended decision, and to present written arguments to those in the agency
who will make the Final Decision.
The State Personnel Commission is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the Final Decision on
all parties and to furnish a copy to the parties' attorney of record.
This the 30th day of June, 1995.
Robert R. Reilly
Administrative Law Judge
10:8 NORTH CAROLINA REGISTER July 14, 1995 705
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions
to be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
Administration
Acupuncture
1
2
Agriculture
Architecture
2
3
Auditor
Auctioneers
4
4
Commerce
Barber Examiners
6
5
Correction
Certified Public Accountant Examiners
8
6
Council of State
Chiropractic Examiners
10
7
Cultural Resources
General Contractors
12
8
Elections
Cosmetic Art Examiners
14
9
Governor
Dental Examiners
16
10
Human Resources
Dietetics/Nutrition
17
11
Insurance
Electrical Contractors
18
12
Justice
Electrolysis
19
13
Labor
Foresters
20
14A
Crime Control & Public Safety
Geologists
21
15A
Environment. Health, and Natural
Hearing Aid Dealers and Fitters
22
Resources
Landscape Architects
26
16
Public Education
Landscape Contractors
28
17
Revenue
Marital and Family Therapy
31
18
Secretary of State
Medical Examiners
32
19A
Transportation
Midwifery Jomt Committee
33
20
Treasurer
Mortuary Science
34
*21
Occupational Licensing Boards
Nursing
36
22
Administrative Procedures
Nursing Home Administrators
37
23
Community Colleges
Occupational Therapists
38
24
Independent Agencies
Opticians
40
25
State Personnel
Optometry
42
26
Administrative Hearings
Osteopathic Examination & Reg. (Repealed)
44
27
NC State Bar
Pharmacy
46
Physical Therapy Examiners
48
Plumbing, Heating & Fire Sprinkler Contractors
50
Podiatry Examiners
52
Professional Counselors
53
Practicing Psychologists
54
Professional Engineers & Land Surveyors
56
Real Estate Appraisal Board
57
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
62
Social Work Certification
63
Speech & Language Pathologists & Audiologists
64
Therapeutic Recreation Certification
65
Veterinary Medical Board
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
706
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
ACUPUNCTURE LICENSING BOARD
21 NCAC 01
.0101
10:02 NCR
150
07/01/95
.0201
10:07 NCR
585
10/01/95
.0401 - .0402
10:02 NCR
150
07/01/95
.0501
10:07 NCR
585
10/01/95
.0701
10:07 NCR
585
10/01/95
AGRICULTURE
2 NCAC 34
.0904
10:04 NCR
228
08/01/95
.0904
10:07 NCR
430
11/01/95
CERTIFIED PUBLIC ACCOUNTANT EXAMINERS
21 NCAC 08F
.0105
10:04 NCR
255
08/01/95
.0113
10:04 NCR
255
08/01/95
08G
.0401
10:04 NCR
255
08/01/95
08J
.0005
10:04 NCR
255
08/01/95
.0008
10:04 NCR
255
08/01/95
08M
.0102
10:04 NCR
255
08/01/95
.0104
10:04 NCR
255
08/01/95
.0306
10:04 NCR
255
08/01/95
.0401
10:04 NCR
255
08/01/95
08N
.0203
10:04 NCR
255
08/01/95
.0302
10:04 NCR
255
08/01/95
.0307
10:04 NCR
255
08/01/95
CHIROPRACTIC EXAMINERS
21 NCAC 10
.0203
10:04 NCR
261
08/01/95
COMMUNITY COLLEGES
23 NCAC 02C
.0108
10:03 NCR
208
09/01/95
.0210
10:07 NCR
587
01/01/96
.0211
10:03 NCR
208
09/01/95
.0301
10:07 NCR
587
01/01/96
.0306
10:03 NCR
208
09/01/95
02E
.0403
10:07 NCR
587
01/01/96
COMMERCE
4 NCAC 06C
.0203
10:05 NCR
300
09/01/95
CORRECTION
5 NCAC 05
.0001
10:01 NCR
12
07/01/95
N/A
Renoticed in 10:7
07/01/95
CULTURAL RESOURCES
7 NCAC 02F .0002
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
15A NCAC 02B
02D
.0101
.0104
.0202
.0211
.0301
.0303
.0304
.0304
.0308
.0308
.0315- .0316
.0315
.0316
.0520
.0531
.0310
10:01 NCR
12
TURALR
10:01 NCR
ESC
13
10:01 NCR
13
10:01 NCR
13
10:01 NCR
13
10:01 NCR
13
10:08 NCR
661
10:04 NCR
246
10:05 NCR
301
10:08 NCR
661
10:08 NCR
661
10:08 NCR
661
10:08 NCR
661
10:04 NCR
246
10:01 NCR
13
10:01 NCR
13
07/01/95
11/01/95
01/01/96
11/01/95
11/01/95
02/01/96
11/01/95
02/01/96
01/01/96
07/01/95
X
07/01/95
X
Correction to Notice
Correction to Notice
Correction to Notice
Correction to Notice
Correction to Notice
07/01/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
707
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
.0902
10:01 NCR
13
07/01/95
X
X
07/01/95
.0909
10:01 NCR
13
07/01/95
X
X
07/01/95
.0952
10:01 NCR
13
07/01/95
X
X
07/01/95
.1402
10:01 NCR
13
07/01/95
X
X
07/01/95
.1406
10:01 NCR
13
07/01/95
X
X
.1409
10:01 NCR
13
07/01/95
X
X
.1701 - .1702
10:01 NCR
13
07/01/95
X
X
.1801 - .1803
10:01 NCR
13
07/01/95
X
X
NPDES Permit
10:02 NCR
56
04A
.0001
10:07 NCR
579
10/01/95
.0005
10:07 NCR
579
10/01/95
04B
.0016
10:07 NCR
579
10/01/95
.0020
10:07 NCR
579
10/01/95
.0028
10:02 NCR
149
07/01/95
.0029 - .0030
10:07 NCR
579
10/01/95
04C
.0007 - .0008
10:07 NCR
579
10/01/95
.0010
10:07 NCR
579
10/01/95
04D
.0002 -.0003
10:07 NCR
S79
10/01/95
07H
.0208
10:03 NCR
197
12/01/95
.2201 - .2202
10:03 NCR
204
12/01/95
.2203
10:03 NCR
:o4
12/01/95
X
.2204 - .2205
10:03 NCR
:o4
12/01/95
[OB
.0115
10:06 NCR
338
10/01/95
.0202 - .0203
10:01 NCR
26
07/01/95
07/01/95
.0202
10:04 NCR
249
08/01/95
.0214
10:01 NCR
26
07/01/95
07/01/95
IOC
.0404
10:06 NCR
338
12/01/95
.0407
10:06 NCR
338
12/01/95
10D
.0002 - .0003
10:01 NCR
26
07/01/95
07/01/95
.0003
10:04 NCR
250
08/01/95
.0003
10:06 NCR
338
09.01/95
IOF
.0313
10:06 NCR
338
10/01/95
.0317
10:01 NCR
26
07/01/95
07/01/95
Wildlife Proclamation/Striped Bass
10:02 NCR
57
04/10/95
10:03 NCR
195
04/15/95
13B
.0101
10:06 NCR
350
10/01/95
.0103
10:06 NCR
350
10/01/95
.0503
10:06 NCR
350
10/01/95
.0802 - 0829
10:06 NCR
350
10/01/95
.1627
10:06 NCR
350
10/01/95
16A
.1001
10:07 NCR
582
01/01/96
X
.1002 - .1006
10:07 NCR
582
01/01/96
18A
.2508
10:06 NCR
350
01/01/96
.2511
10:06 NCR
3. SO
01/01/96
.2516- .2519
10:06 NCR
350
01/01/96
.2521 - .2524
10:06 NCR
350
01/01/96
.2526
10:06 NCR
350
01/01/96
.2528 - .2535
10:06 NCR
350
01/01/%
.2537
10:06 NCR
350
01/01/96
.2540- .2543
10:06 NCR
350
01/01/96
19A
.0401
10:06 NCR
350
10/01/95
.0406
10:06 NCR
3. SO
10/01/95
.0502
10:06 NCR
350
10/01/95
19C
.0206
10:05 NCR
305
10/01/95
X
19H
.0702
10:07 NCR
582
10/01/95
X
24A
.0404
10:06 NCR
350
10/01/95
X
FINAL DECISION LETTERS
Voting Rights Act
10:01 NCR
10:03 NCR
10:05 NCR
02
194
298
GOVERNOR'S EXECUTIVE ORDERS
708
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CUMULATIVE INDEX
Proposed
Fiscal Note
Other Information
Agency/Rule Citation
Register
Effective
Date
State
Local
Number 72
10:01 NCR
01
Number 73
10:02 NCR
54
Number 74
10:02 NCR
54
Number 75
10:03 NCR
191
Number 76
10:03 NCR
191
Number 77
10:05 NCR
297
Number 78
10:06 NCR
336
Number 79
10:07 NCR
427
Number 80
10:07 NCR
427
Number 81
10:08 NCR
639
HUMAN RESOURCES
10 NCAC 03D
.1401
10:08 NCR
641
11/01/95
03H
.0108 -
.0109
10:02 NCR
58
09/01/95
.0206-
.0220
10:02 NCR
58
09/01/95
.0306-
.0318
10:02 NCR
58
09/01/95
.0407-
.0409
10:02 NCR
58
09/01/95
.0505-
.0507
10:02 NCR
58
09/01/95
.0510 -
.0517
10:02 NCR
58
09/01/95
.0605-
.0609
10:02 NCR
58
09/01/95
.0705 -
.0712
10:02 NCR
58
09/01/95
.0810 -
.0812
10:02 NCR
58
09/01/95
.0903 -
.0911
10:02 NCR
58
09/01/95
.1003 -
.1008
10:02 NCR
58
09/01/95
.1105 -
.1109
10:02 NCR
58
09/01/95
.1130-
.1136
10:02 NCR
58
09/01/95
.1150-
.1163
10:02 NCR
58
09/01/95
.1204-
.1208
10:02 NCR
58
09/01/95
.1210
10:02 NCR
58
09/01/95
.1306-
.1308
10:02 NCR
58
09/01/95
.1405-
.1406
10:02 NCR
58
09/01/95
.1408-
.1410
10:02 NCR
58
09/01/95
.1501 -
.1503
10:02 NCR
58
09/01/95
.1612-
.1613
10:02 NCR
58
09/01/95
.1703 -
.1704
10:02 NCR
58
09/01/95
.1804-
.1807
10:02 NCR
58
09/01/95
.2001
10:02 NCR
58
09/01/95
.2101 -
.2110
10:02 NCR
58
09/01/95
.2201 -
.2212
10:02 NCR
58
09/01/95
.2301 -
.2308
10:02 NCR
58
09/01/95
.2401 -
.2402
10:02 NCR
58
09/01/95
.2501 -
.2506
10:02 NCR
58
09/01/95
.2601 -
.2607
10:02 NCR
58
09/01/95
.2701
10:02 NCR
58
09/01/95
.2801 -
.2802
10:02 NCR
58
09/01/95
.2901 -
.2902
10:02 NCR
58
09/01/95
.3001 -
.3005
10:02 NCR
58
09/01/95
.3011 -
.3016
10:02 NCR
58
09/01/95
.3021 -
.3032
10:02 NCR
58
09/01/95
.3101 -
.3104
10:02 NCR
58
09/01/95
.3201 -
.3202
10:02 NCR
58
09/01/95
.3301 -
.3302
10:02 NCR
58
09/01/95
.3401 -
.3404
10:02 NCR
58
09/01/95
03L
.0901 -
.0907
10:08 NCR
641
02/01/96
.1001 -
.1007
10:08 NCR
641
02/01/96
.1101 -
.1112
10:08 NCR
641
02/01/96
.1201 -
.1202
10:08 NCR
641
02/01/96
.1301 -
.1303
10:08 NCR
641
02/01/96
.1401 -
.1402
10:08 NCR
641
02/01/96
03M
.0202-
.0205
10:08 NCR
641
02/01/96
.0207
10:08 NCR
641
02/01/96
14B
.0501 -
.0503
10:07 NCR
430
05/01/96
.0505-
.0509
10:07 NCR
430
05/01/96
03/06/95
03/15/95
03/27/95
03/30/95
04/03/95
05/02/95
05/23/95
06/07/95
06/13/95
06/27/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
709
CUMULATIVE INDEX
Ajjemy/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
14K .0101 -
.0103
10:07 NCR
430
05/01/96
.0201 -
.0219
10:07 NCR
430
05/01/96
.0301 -
.0310
10:07 NCR
•430
05/01/96
.0312-
.0315
10:07 NCR
430
05/01/96
.0317-
.0324
10:07 NCR
430
05/01/96
.0326-
.0329
10:07 NCR
430
05/01/96
.0333 -
.0348
10:07 NCR
430
05/01/96
.0350-
.0365
10:07 NCR
430
05/01/96
.0401 -
.0408
10:07 NCR
430
05/01/96
14L .0101 -
.0106
10:07 NCR
430
05/01/96
.0201 -
.0203
10:07 NCR
430
05/01/96
.0301 -
.0308
10:07 NCR
430
05/01/96
.0310
10:07 NCR
430
05/01/96
.0401 -
.0407
10:07 NCR
430
05/01/96
.0601 -
.0606
10:07 NCR
430
05/01/96
.0609
10:07 NCR
430
05/01/96
.0611 -
.0615
10:07 NCR
430
05/01/96
.0701 -
.0709
10:07 NCR
430
05/01/96
.0711 -
.0712
10:07 NCR
430
05/01/96
14M .0101 -
.0113
10:07 NCR
430
05/01/96
.0501 -
.0511
10:07 NCR
430
05/01/96
.0601 -
.0602
10:07 NCR
430
05/01/96
.0604
10:07 NCR
430
05/01/96
.0606
10:07 NCR
430
05/01/96
.0608 -
.0612
10:07 NCR
430
05/01/96
.0614-
.0615
10:07 NCR
430
05/01/96
.0617-
.0621
10:07 NCR
430
05/01/96
.0701 -
.0716
10:07 NCR
430
05/01/96
14N .0101 -
.0107
10:07 NCR
430
05/01/96
.0201 -
.0207
10:07 NCR
430
05/01/96
.0301 -
.0307
10:07 NCR
430
05/01/96
.0401 -
.0406
10:07 NCR
430
05/01/96
.0501 -
.0507
10:07 NCR
430
05/01/96
.0701
10:07 NCR
430
05/01/96
.0703 -
.0705
10:07 NCR
430
05/01/96
.0801 -
.0811
10:07 NCR
430
05/01/96
.0901
.0905
10:08 NCR
656
05/01/96
140 .0301 -
.0314
10:07 NCR
430
05/01/96
.0401 -
.0409
10:07 NCR
430
05/01/96
.0411 -
.0416
10:07 NCR
430
05/01/96
.0501 -
.0505
10:07 NCR
430
05/01/96
.0601 -
.0609
10:07 NCR
430
05/01/96
.0611 -
.0615
10:07 NCR
430
05/01/96
.0617-
.0618
10:07 NCR
430
05/01/96
.0701 -
.0710
10:07 NCR
430
05/01/96
14V .0101 -
.0104
10:07 NCR
430
05/01/96
.0201 -
.0208
10:07 NCR
430
05/01/96
.0301 -
.0304
10:07 NCR
430
05/01/96
.0401 -
.0405
10:07 NCR
430
05/01/96
.0501 -
.0505
10:07 NCR
430
05/01/96
.0601 -
.0604
10:07 NCR
430
05/01/96
.0701 -
.0712
10:07 NCR
430
05/01/96
.0801 -
0805
10:07 NCR
430
05/01/96
.1101 -
.1103
10:07 NCR
430
05/01/96
.1201 -
.1203
10:07 NCR
430
05/01/96
.1301 -
.1303
10:07 NCR
430
05/01/96
.1401 -
.1403
10:07 NCR
430
05/01/96
.1501 -
.1504
10:07 NCR
430
05/01/96
.2101 -
.2104
10:07 NCR
430
05/01/96
.2201 -
.2204
10:07 NCR
430
05/01/96
.2301 -
.2306
10:07 NCR
430
05/01/96
.2401 -
.2404
10:07 NCR
430
05/01/96
.2501 -
.2505
10:07 NCR
430
05/01/96
710
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CUMULATIVE INDEX
Agency/Rule Citation
Effective
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State
Local
Date
.3101 -
.3103
10:07 NCR
430
05/01/96
.3201 -
.3203
10:07 NCR
430
05/01/96
.3301 -
.3303
10:07 NCR
430
05/01/96
.3401 -
.3403
10:07 NCR
430
05/01/96
.3501 -
.3503
10:07 NCR
430
05/01/96
.3601 -
.3604
10:07 NCR
430
05/01/96
.3701 -
.3703
10:07 NCR
430
05/01/96
.3801 -
.3803
10:07 NCR
430
05/01/96
.3901 -
.3903
10:07 NCR
430
05/01/96
.4001 -
.4003
10:07 NCR
430
05/01/96
.4101 -
.4104
10:07 NCR
430
05/01/96
.5001 -
.5002
10.07 NCR
430
05/01/96
.5101 -
.5104
10:07 NCR
430
05/01/96
.5201 -
.5204
10:07 NCR
430
05/01/96
.5301 -
.5303
10:07 NCR
430
05/01/96
.5401 -
.5403
10:07 NCR
430
05/01/96
.5501 -
.5503
10:07 NCR
430
05/01/96
.5601 -
.5603
10:07 NCR
430
05/01/96
.5701 -
.5703
10:07 NCR
430
05/01/96
.5801 -
.5804
10:07 NCR
430
05/01/96
.5901 -
.5903
10:07 NCR
430
05/01/96
.6001 -
.6003
10:07 NCR
430
05/01/96
.6101 -
.6103
10:07 NCR
430
05/01/96
.6201 -
.6202
10:07 NCR
430
05/01/96
.6301 -
.6303
10:07 NCR
430
05/01/96
.6401 -
.6403
10:07 NCR
430
05/01/96
.6501 -
.6503
10:07 NCR
430
05/01/96
.6601 -
.6603
10:07 NCR
430
05/01/96
.6701 -
.6702
10:07 NCR
430
05/01/96
.6801 -
.6802
10:07 NCR
430
05/01/96
.6901 -
.6903
10:07 NCR
430
05/01/96
18A .0124 -
.0128
10:07 NCR
430
05/01/96
.0130
10:07 NCR
430
05/01/96
.0132 -
.0133
10:07 NCR
430
05/01/96
.0135 -
.0136
10:07 NCR
430
05/01/96
181 .0114-
.0120
10:07 NCR
430
05/01/96
18J .0110 -
.0119
10:07 NCR
430
05/01/96
.0212-
.0213
10:07 NCR
430
05/01/96
.0304-
.0311
10:07 NCR
430
05/01/96
.0507-
.0511
10:08 NCR
656
05/01/96
.0601 -
.0604
10:07 NCR
430
05/01/96
.0701 -
.0715
10:07 NCR
430
05/01/96
.0801 -
.0805
10:07 NCR
430
05/01/96
.0803
10:02 NCR
118
07/01/95
18K .0109 -
.0116
10:07 NCR
430
05/01/96
.0262-
.0263
10:08 NCR
656
05/01/96
18L .0107 -
.0108
10:07 NCR
430
05/01/96
.0223 -
.0224
10:07 NCR
430
05/01/96
.0331 -
.0336
10:07 NCR
430
05/01/96
.0338 -
.0339
10:07 NCR
430
05/01/96
.0428-
.0434
10:07 NCR
430
05/01/96
.0504
10:07 NCR
430
05/01/96
.0511
10:07 NCR
430
05/01/96
.0513
10:07 NCR
430
05/01/96
.0601 -
.0607
10:08 NCR
656
05/01/96
.0701 -
.0705
10:07 NCR
430
05/01/96
.0707
10:07 NCR
430
05/01/96
.0801
10:07 NCR
430
05/01/96
.0803 -
.0809
10:07 NCR
430
05/01/96
.0901 -
.0904
10:07 NCR
430
05/01/96
.1001 -
.1006
10:07 NCR
430
05/01/96
.1101 -
.1103
10:07 NCR
430
05/01/96
.1105-
.1107
10:07 NCR
430
05/01/96
07/01/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
711
CUMULATIVE INDEX
Agency/Role Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effective
Date
Other Information
.1201
10:07 NCR
430
05/01/96
.1203 -
.1206
10:07 NCR
430
05/01/96
.1301 -
.1309
10:07 NCR
430
05/01/96
.1401 -
.1403
10:07 NCR
430
05/01/96
.1501 -
.1525
10:07 NCR
430
05/01/96
18M
.0107 -
.0110
10:07 NCR
430
05/01/96
.0206-
.0213
10:07 NCR
430
05/01/96
.0304-
.0307
10:07 NCR
430
05/01/96
.0406-
.0409
10.O7 NCR
430
05/01/96
.0505 -
.0506
10:07 NCR
430
05/01/96
.0607-
.0608
10:07 NCR
430
05/01/96
.0701
10:07 NCR
430
05/01/96
.0703 -
.0706
10:07 NCR
430
05/01/96
.0708 -
.0714
10:07 NCR
430
05/01/96
.0801 -
.0803
10:07 NCR
430
05/01/96
.0817 -
.0819
10:07 NCR
430
05/01/96
.0824-
.0838
10:07 NCR
430
05/01/96
.0901 -
.0908
10:07 NCR
430
05/01/96
.1001 -
.1009
10:07 NCR
430
05/01/96
.1101 -
.1106
10:07 NCR
430
05/01/96
.1203 -
.1204
10:07 NCR
430
05/01/96
.1302-
.1305
10:07 NCR
430
05/01/96
.1401 -
.1403
10:07 NCR
430
05/01/96
.1405-
.1410
10:07 NCR
430
05/01/96
18N
.0105 -
.0110
10:07 NCR
430
05/01/96
.0204-
.0212
10:07 NCR
430
05/01/96
.0305 -
.0306
10:07 NCR
430
05/01/96
.0601 -
.0605
10:08 NCR
656
05/01/96
.0701 -
.0709
10:08 NCR
656
05/01/96
180
.0517 -
.0524
10:08 NCR
656
05/01/96
ISP
.0901 -
.0903
10:07 NCR
430
05/01/96
.1001 -
.1004
10:07 NCR
430
05/01/%
18Q
.0284
10:07 NCR
430
05/01/96
.0286-
.0287
10:07 NCR
430
05/01/96
.0520 -
.0521
10:07 NCR
430
05/01/96
.0538 -
.0552
10:07 NCR
430
05/01/96
26B
.0110
10:08 NCR
660
10/01/95
.0124
10:02 NCR
118
07/01/95
X
26H
.0302
10:04 NCR
228
08/01/95
X
.0304-
.0305
10:04 NCR
228
08/01/95
X
.0308 -
.0309
10:04 NCR
228
08/01/95
X
26H
.0213
10:02 NCR
118
07/01/95
41F
.0706
10:03 NCR
196
08/01/95
.0812
10:03 NCR
1%
08/01/95
INSURANCE
1 1 NCAC 06A
.0812
10:04 NCR
246
08/01/95
JUSTICE
12 NCAC 04E
.0104
10:07 NCR
573
10/01/95
07D
.0201
10:07 NCR
575
10/01/95
.0301
10:07 NCR
575
10/01/95
.0401
10:07 NCR
575
10/01/95
.0701
10:07 NCR
575
10/01/95
.0706
10:07 NCR
575
10/01/95
.0801
10:07 NCR
575
10/01/95
.0806
10:07 NCR
575
10/01/95
.0902
10:07 NCR
575
10/01/95
.0904
10:07 NCR
575
10/01/95
09A
.0204
10:02 NCR
1 22
08/01/95
09B
.0113
10:02 NCR
i ?2
08/01/95
.0201 -
.0202
10:02 NCR
122
08/01/95
.0205 -
.0206
10:02 NCR
122
08/01/95
.0210
10:02 NCR
122
08/01/95
07/01/95
07/01/95
712
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
.0212 - .0214
10:02 NCR
122
08/01/95
.0226 - .0228
10:02 NCR
122
08/01/95
.0232 - .0233
10:02 NCR
122
08/01/95
09C
.0401
10:02 NCR
122
08/01/95
.0601
10:02 NCR
122
08/01/95
09D
.0102
10:02 NCR
122
08/01/95
.0104 - .0106
10:02 NCR
122
08/01/95
11
.0210
10:05 NCR
301
09/01/95
LABOR
13 NCAC
10:01 NCR
10
01/01/96
10:01 NCR
12
01/01/96
10:02 NCR
149
10/01/95
10:02 NCR
149
01/01/96
10:02 NCR
149
01/01/96
10:02 NCR
149
02/01/96
10:03 NCR
196
01/01/96
10:03 NCR
197
01/01/96
12
.0101
10:02 NCR
142
08/01/95
.0303 - .0315
10:02 NCR
142
08/01/95
.0501 - .0502
10:02 NCR
142
08/01/95
.0803 - .0808
10:02 NCR
142
08/01/95
LIST OF RULES CODIFIED
10:02 NCR
167
10:04 NCR
272
MEDICAL EXAMINERS
21 NCAC 32H
.0102
10:02 NCR
151
07/01/96
.0201
10:02 NCR
151
07/01/96
.0203
10:02 NCR
151
07/01/96
.0408
10:02 NCR
151
07/01/96
.0506
10:02 NCR
151
07/01/96
.0601
10:02 NCR
151
07/01/95
.0602
10:02 NCR
151
07/01/96
.0801
10:02 NCR
151
07/01/96
.1001
10:02 NCR
151
07/01/96
321
.0003 - .0004
10:02 NCR
151
07/01/95
NURSING HOME ADMINISTRATORS
21 NCAC 37
.0101
10:04 NCR
262
08/01/95
.0302
10:03 NCR
206
08/01/95
.0404
10:03 NCR
206
08/01/95
.0502
10:03 NCR
206
08/01/95
.0603
10:03 NCR
206
08/01/95
.0904
10:04 NCR
262
08/01/95
.0912
10:03 NCR
206
08/01/95
.0914
10:03 NCR
206
08/01/95
PHYSICAL THERAPY EXAMINERS
21 NCAC 48C
.0103
10:08 NCR
671
10/01/95
48D
.0006
10:08 NCR
671
10/01/95
.0008
10:08 NCR
671
10/01/95
.0011
10:08 NCR
671
10/01/95
48E
.0110
10:08 NCR
671
10/01/95
48F
.0002
10:08 NCR
671
10/01/95
48G
.0501 - .0516
10:08 NCR
671
10/01/95
.0601
10:08 NCR
671
10/01/95
48H
.0104
10:08 NCR
671
10/01/95
.0701 - .0704
10:08 NCR
671
10/01/95
Notice
Notice
Notice
Notice
Notice
Notice
Notice
Notice
on Subject
on Subject
on Subject
on Subject
on Subject
on Subject
on Subject
on Subject
Matter
Matter
Matter
Matter
Matter
Matter
Matter
Matter
Rules Filed 03/95
Rules Filed 04/95
PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS
10:8
NORTH CAROLINA REGISTER
July 14, 1995
713
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
21 NCAC 50
.0402
10:01 NCR
39
09/01/95
.0505
10:01 NCR
39
09/01/95
PROFESSIONAL COUNSELORS
21 NCAC 53
.0204-
.0211
10:01 NCR
40
07/01/95
.0301
10:01 NCR
40
07/01/95
.0305 -
.0309
10.01 NCR
40
07/01/95
.0310
10:01 NCR
40
07/01/95
.0403 -
.0405
10:01 NCR
40
07/01/95
.0601 -
.0604
10:01 NCR
40
07/01/95
PUBLIC EDUCATION
16 NCAC 06D
.0106
10:07 NCR
584
11/01/95
REAL ESTATE COMMISSION
21 NCAC 58 A
.0110
10:02 NCR
157
07/01/95
.0403
10:04 NCR
263
08/01/95
.0503
10:04 NCR
263
08/01/95
.0504 -
.0506
10.O2 NCR
157
07/01/95
.0505
10:04 NCR
263
08/01/95
.1703
10:02 NCR
157
07/01/95
.1707-
.1708
10:02 NCR
157
07/01/95
.1710-
.1711
10:02 NCR
157
07/01/95
58E
.0103
10:02 NCR
157
07/01/95
.0203 -
.0204
10:02 NCR
157
07/01/95
.0303 -
.0305
10:02 NCR
157
07/01/95
.0406-
.0407
10:02 NCR
157
07/01/95
.0506
10:02 NCR
157
07/01/95
.0515
10:02 NCR
157
07/01/95
REFRIGERATION EXAMINERS
21 NCAC 60
.0102
10:04 NCR
264
08/01/95
.0204
10:04 NCR
264
08/01/95
.0314
10:04 NCR
264
08/01/95
.1102
10:04 NCR
264
08/01/95
REVENUE
Tax Review Board
10:01 NCR
03
Tax Review Board
10:07 NCR
428
SECRETARY OF STATE
18 NCAC 06
.1205 -
.1206
10:05 NCR
306
09/01/95
.1208
10:05 NCR
306
09/01/95
.1302-
.1305
10:05 NCR
306
09/01/95
.1313
10:05 NCR
306
09/01/95
STATE PERSONNEL
25 NCAC 01 C
.0207
10:04 NCR
264
08/01/95
.0402-
.0408
10:04 NCR
264
08/01/95
01D
.0201
10:04 NCR
264
08/01/95
.0205
10:04 NCR
264
08/01/95
.0207
10:04 NCR
264
08/01/95
.0211
10:04 NCR
264
08/01/95
.0509
10:07 NCR
588
10/01/95
.0808
10:04 NCR
264
08/01/95
.1001
10:04 NCR
264
08/01/95
.1009
10:04 NCR
264
08/01/95
.1201
10.04 NCR
264
08/01/95
.1204
10:04 NCR
264
08/01/95
.1401
10:04 NCR
264
08/01/95
.1801 -
.1802
10:04 NCR
264
08/01/95
.2001
10:04 NCR
264
08/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
714
NORTH CAROLINA REGISTER
July 14, 1995
10:8
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effective
Date
Other Information
01E
.0804
10:04 NCR
264
08/01/95
.1402-
.1409
10:07 NCR
588
10/01/95
.1410-
.1411
10:07 NCR
588
10/01/95
01J
.0604-
.0606
10:07 NCR
588
10/01/95
.0608
10:07 NCR
588
10/01/95
.0610-
.0612
10:07 NCR
588
10/01/95
.0613 -
.0615
10:07 NCR
588
10/01/95
OIK
.0312
10:04 NCR
264
08/01/95
TRANSPORTATION
19A NCAC 02D
.0801
10:04 NCR
254
09/01/95
10:8
NORTH CAROLINA REGISTER
July 14, 1995
715
BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995
DESCRIPTION
ONE-TIME
ANNUAL
PURCHASE
SUBSCRIPTION
CODE
PRICE
PRICE
201 00 00
$63.00
$90.00
201 10 05
$21.00
$30.00
201 10 33
$17.50
$25.00
202 00 00
$98.00
$140.00
202 1 5 09
$28.00
$40.00
202 1 5 34
$21.00
$30.00
202 1 5 43
$21.00
$30.00
202 1 5 48
$21.00
$30.00
202 1 8 62
$21.00
$30.00
203 00 00
$7.00
$10.00
204 00 00
$87.50
$125.00
204 1 5 02
$12.00
$40.00
204 16 03
$24.50
$36.00
204 1 5 06
$14.00
$20.00
204 1 5 09
$14.00
$20.00
204 15 10
$14.00
$20.00
204 15 16
$24.50
$35.00
205 00 00
$56.00
$80.00
206 15 02
$24.50
$35.00
206 00 00
$21.00
$30.00
207 00 00
$21.00
$30.00
208 00 00
$7.00
$10.00
209 00 00
$31.50
$45.00
210 00 00
$346.50
$495.00
210 20 10
$45.50
$65.00
210 20 20
$31.50
$45.00
210 20 30
$77.00
$110.00
210 20 40
$119.00
$170.00
210 20 41
$31.50
$45.00
210 20 42
$31.50
$45.00
210 20 43
$28.00
$40.00
210 20 44
$17.50
$25.00
210 20 45
$35.00
$50.00
211 00 00
$63.00
$90.00
211 1001
$56.00
$80.00
211 10 04
$24.50
$35.00
211 1005
$17.50
$25.00
211 1006
$28.00
$40.00
211 1008
$21.00
$30.00
212 00 00
$63.00
$90.00
212 1007
$21.00
$30.00
212 1009
$31.50
$45.00
212 10 11
$17.50
$25.00
213 00 00
$77.00
$110.00
213 15 06
$14.00
$20.00
213 20 00
$31.50
$45.00
213 15 12
$14.00
$20.00
213 15 13
$14.00
$20.00
213 15 14
$14.00
$20.00
213 15 15
$14.00
$20.00
214 00 00
$31.50
$45.00
214 00 08
$17.60
$25.00
214 00 11
$14.00
$20.00
215 00 00
$276.50
$395.00
215 15 00
$115.50
$165.00
215 15 10
$49.00
$70.00
215 15 20
$49.00
$70.00
215 15 30
$56.00
$80.00
215 15 31
$35.00
$60.00
215 15 32
$17.50
$25.00
Title 1 - Dept. of Administration
Division of Purchase &. Contract
Federal Block Grant Funds
Full Tide
Title 2 - Dept. of Agriculture - Full Title
Food & Drug Protection Division
Structural Pest Control Committee
Agricultural Markets
Plant Industry
Animal Industry
Title 3 - Dept. of State Auditor - Full Title
Title 4 - Dept. of Commerce - Full Title
Alcoholic Beverage Control Commission
Banking Commission
Credit Union Division
Savings & Loan Division
Industrial Commission/Workers Compensation
Savings Institutions Division
Title 5 - Dept. of Corrections - Full Title
Division of Prisons
Title 6 - Council of State - Full Title
Title 7 - Dept. of Cultural Resources - Full Title
Title 8 - State Board of Elections - Full Title
Title 9 - Offices of the Governor & Lt. Governor - Full Title
Title 10 - Dept. of Human Resources - Full Title
Licensing of Health Facilities
Detention Facilities
Mental Health & Rehabilitation Services
Social Services
Children Services/Day Care
Services for the Aging
Services for the Blind
Services for the Deaf & Hard of Hearing
Employment Opportunities
Title 1 1 - Dept. of Insurance - Full Title
Insurance
Consumer Services
Fire & Rescue Services
Agent Services
Engineering & Building Codes
Title 12 - Dept. of Justice - Full Title
Private Protective Services
Police & Sheriff's Education & Training Standards
NC Alarm Systems Licensing Board
Title 13 - Dept. of Labor - Full Title
Mine & Quarry Safety
General Safety/OSHA
Wage & Hour Rules
Boiler & Pressure Vessel Safety
Apprenticeship & Training
Elevator & Amusement Device Safety
Title 14A - Dept. of Crime Control & Public Safety - Full Title
Alcohol Law Enforcement
Victims Compensation Fund
Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title
Environmental Management
Air Quality
Water Quality
Land & Waste Management
Solid Waste Management
Underground Storage Tanks
DESCRIPTION
ONE-TIME
ANNUAL
PURCHASE
SUBSCRIPTION
CODE
PRICE
PRICE
215 1 5 40
$31.50
$45.00
215 25 00
$105.00
$150.00
215 25 10
$42.00
$60.00
215 25 20
$35.00
$50.00
215 25 30
$59.50
$85.00
215 25 31
$17.50
$25.00
216 00 00
$21.00
$30.00
216 10 06
$21.00
$30.00
217 00 00
$91.00
$130.00
217 15 10
$31.50
$45.00
217 15 20
$56.00
$80.00
217 15 27
$31.50
$45.00
217 15 29
$21.00
$30.00
218 00 00
$21.00
$30.00
218 10 06
$21.00
$30.00
219 00 00
$63.00
$90.00
219 10 02
$28.00
$40.00
219 1003
$35.00
$50.00
220 00 00
$31.50
$45.00
221 00 00
$143.50
$205.00
222 00 00
$0.00
$0.00
223 00 00
$7.00
$10.00
224 00 00
$7.00
$10.00
225 00 00
$42.00
$60.00
226 00 00
$7.00
$10.00
227 00 00
$42.00
$60.00
299 99 98
$375.00
$750.00
266 00 00
$750.00
266 50 00
--
$250.00
288 50 00
$295.00
$475.00
288 80 00
$40.00
$75.00
299 90 00
$16.00
Coastal Management
Environmental Health
Radiation/Nuclear Waste
Sanitation
Public Health
Intoxilizer & Breathalyser
Trde 16 - Dept. of Public Instruction - Full Trde
Elementary & Secondary Education
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